Summary
A 55-year-old senior manager for a defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to a history of marijuana use. The Statement of Reasons alleged marijuana use between 1977 and July 2014, including use after being granted security clearances in 1993 and 2006. Additionally, the applicant was arrested and charged with possession of marijuana in January 1999.
The decision cited Disqualifying Conditions ¶ 25(a), ¶ 25(c), and ¶ 25(g). While Mitigating Conditions ¶ 24(a) and ¶ 24(b) were applied, they were deemed insufficient.
The denial was based on the applicant's long history of marijuana use while holding security clearances, his awareness of both his employer's zero-tolerance drug policy and the Department of Defense's anti-drug policies, and the insufficiency of his assurances of abstinence given the recency and frequency of his drug use. Despite expressing contrition and having a long tenure with his employer, the judge concluded that the applicant did not mitigate the security concerns.
Why the Applicant Was Denied
- The applicant had a long history of marijuana use while holding security clearances.
- The applicant was aware of his employer's zero tolerance drug policy and the DOD's anti-drug policies.
- The applicant's assurances of abstinence were insufficient given the recency and frequency of his drug use.
Conditions Referenced
- DC ¶ 25(a)raisedAny Drug Abuse
- DC ¶ 25(c)raisedIllegal Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- DC ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- MC ¶ 24(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's long history of drug use and recent cessation did not mitigate concerns.
- MC ¶ 24(b)rejectedA Demonstrated Intent Not to Use Any Drugs in the Future, Such as Disassociation From Drug-using Associates and Contacts, and an Appropriate Period of AbstinenceThe applicant's assurances of future abstinence were deemed insufficient.
Key Rule Quoted
“"A decision to grant or continue an applicant's security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest."”
Procedural Posture
- SOR issuedSep 14, 2016
- Answer filedOct 4, 2016
- Hearing heldMar 7, 2017
- Decision dateMay 25, 2017
Cite For
- Longstanding Drug Use While Holding Security Clearance Under Guideline H
- Insufficient Mitigation of Drug Use Concerns Despite Positive Character References
- The Importance of Demonstrating a Clear Intent to Abstain From Drug Use for Security Clearance Eligibility