Summary
A 66-year-old male applicant, with a background in federal contracting and military service, was granted a security clearance despite concerns under Guideline H (Drug Involvement). The Statement of Reasons cited a positive marijuana test during an employer's random drug screening and the applicant's admission to a single instance of marijuana use in April 2015. Disqualifying conditions H.25.a, H.25.b, and H.25.f were raised.
However, the decision applied mitigating conditions H.26.a, H.26.b, and H.26.d. The applicant admitted his drug use, expressed remorse, and successfully completed a substance abuse evaluation and education program, demonstrating a commitment to abstinence. He also stated he had never used other illegal drugs and would not do so in the future.
Furthermore, the applicant disassociated from the individual who provided the marijuana and actively avoided environments where drugs were present. These actions collectively demonstrated sufficient mitigation of the initial concerns, leading to the granting of his security clearance.
Why the applicant prevailed
- The applicant admitted to his drug use and expressed genuine remorse for his actions.
- He successfully completed a substance abuse evaluation and education program, demonstrating a commitment to abstinence.
- The applicant disassociated from the individual who provided him marijuana and avoided environments where drugs were present.
Conditions referenced
- H.25.araisedAny Substance Misuse
- H.25.braisedTesting Positive for an Illegal Drug
- H.25.fraisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- H.26.aappliedThe 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 Judgment
- H.26.bappliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions to Overcome the Problem, and Has Established a Pattern of Abstinence
- H.26.dappliedSatisfactory Completion of a Prescribed Drug Treatment Program, Including, but Not Limited To, Rehabilitation and Aftercare Requirements, Without Recurrence of Abuse, and a Favorable Prognosis by a Duly Qualified Medical Professional
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 22, 2016
- Answer filedNov 3, 2016Applicant elected to proceed without a hearing.
- Decision dateOct 18, 2017
Cite for
- Mitigation of Drug Involvement Under Guideline H
- Importance of Demonstrating Rehabilitation and Abstinence
- Consideration of Unique Circumstances Surrounding Drug Use