Summary
A 37-year-old DOD contractor was granted a security clearance despite concerns under Guideline H (Drug Involvement). The Statement of Reasons detailed the applicant's past drug use, including marijuana from March 2007 to November 2023, and purchases of marijuana from August 2007 to August 2019. Additionally, the applicant used cocaine in May 2011, hallucinogenic mushrooms from May 2008 to May 2010, and LSD in May 2009. These allegations raised Disqualifying Conditions AG ¶ 25(a) and AG ¶ 25(c).
However, the administrative judge applied Mitigating Conditions AG ¶ 26(a), AG ¶ 26(b), AG ¶ 26(b)(1), AG ¶ 26(b)(2), and AG ¶ 26(b)(3). The applicant acknowledged his past drug use and demonstrated a commitment to abstain from illegal substances. This commitment was supported by credible character references and evidence of rehabilitation, including a signed statement of intent to abstain.
The applicant's last reported use of marijuana was in November 2023, and he has not used illegal drugs since. Based on the demonstrated commitment to abstinence and evidence of rehabilitation, the administrative judge found that the applicant mitigated the security concerns, resulting in a GRANTED security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to abstain from illegal substances after acknowledging his past drug use.
- He provided credible character references and evidence of rehabilitation, including a signed statement of intent to abstain from drug use.
- The applicant's last use of marijuana occurred in November 2023, and he has not used illegal drugs since.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 26(a)appliedBehavior Unlikely to Recur
- AG ¶ 26(b)appliedAcknowledgment and Actions Taken to Overcome Drug Involvement
- AG ¶ 26(b)(1)appliedDisassociation From Drug-using Associates
- AG ¶ 26(b)(2)appliedChanging Environment Where Drugs Were Used
- AG ¶ 26(b)(3)appliedSigned Statement of Intent to Abstain
Key Rule Quoted
“The illegal use of controlled substances... can raise questions about an individual’s reliability and trustworthiness.”
Procedural Posture
- SOR issuedAug 15, 2024
- Answer filedSep 12, 2024
- Hearing heldMay 27, 2025Hearing convened as scheduled.
- Decision dateMar 6, 2026Decision delayed due to federal government shutdown.
Cite For
- Mitigation of Drug Involvement Under Guideline H
- Importance of Credible Character References in Security Clearance Cases
- Whole-person Concept in Evaluating Security Clearance Eligibility