Summary
A 38-year-old software engineer was denied a security clearance under Guideline H (Drug Involvement) due to a prolonged history of marijuana and THCA use, coupled with an expressed intent to continue using THCA. The applicant admitted to using marijuana from 2005 until January 2024, and subsequently used Tetrahydrocannabinolic acid (THCA) from January to December 2024.
The Statement of Reasons specifically cited the applicant's use of marijuana (THC) from 2005 to January 2024, THCA use from January to December 2024, and the stated intention to continue THCA use. These actions raised disqualifying conditions under Adjudicative Guidelines paragraphs 25(a), 25(c), and 25(g).
The denial was based on the applicant's admitted drug use and the expressed intent for future use, which significantly impacted concerns about reliability and trustworthiness. The judge determined that the applicant's employment history and participation in therapy did not sufficiently mitigate the concerns arising from the extensive history of drug involvement and the unclear intentions regarding future use.
Why the Applicant Was Denied
- The applicant admitted to using marijuana from 2005 to January 2024 and THCA from January to December 2024.
- The applicant expressed intentions to continue using THCA in the future, which raised concerns about his reliability and trustworthiness.
- The applicant's history of drug use and unclear intentions regarding future use were not mitigated by his employment history or therapy.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement
Key Rule Quoted
“Changes in state laws or the District of Columbia, pertaining to marijuana use do not change the existing National Security Adjudicative Guidelines.”
Procedural Posture
- SOR issuedJan 24, 2025
- Answer filedFeb 21, 2025
- Hearing held—Applicant chose to have the case decided on the administrative record.
- Decision dateNov 28, 2025Decision delayed due to federal government shutdown.
Cite For
- Denial Based on Ongoing Drug Use Under Guideline H
- Impact of Expressed Intent to Continue Illegal Drug Use on Security Clearance
- Relevance of Federal Law Over State Law Regarding Marijuana Use