Summary
The applicant, a 61-year-old defense contractor, faced security clearance denial under Guideline H due to his history of marijuana use and substance abuse. Despite completing a treatment program, the judge found insufficient evidence of an established pattern of abstinence and concerns about the applicant's social associations with drug users. The decision ultimately denied the applicant's eligibility for access to classified information.
Under Guideline H (Drug Involvement), the Statement of Reasons alleged the following: used marijuana weekly from about June 2013 to October 2015 (1.a). purchased marijuana with varying frequency from about June 2013 to October 2015 (1.b). used marijuana after being granted a clearance in February 1985 (1.c). tested positive for marijuana in October 2015 (1.d). was diagnosed with cannabis use disorder and alcohol use disorder in October 2015 (1.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(b), AG ¶ 25(d), AG ¶ 25(f). The judge applied mitigating conditions AG ¶ 26(b), AG ¶ 26(a). The decision turned on the following: Applicant admitted to using marijuana three to six times a week from June 2013 to October 2015; Applicant tested positive for marijuana in October 2015 after a workplace accident; Applicant was diagnosed with cannabis use disorder and alcohol use disorder in October 2015.
Why the Applicant Was Denied
- Applicant admitted to using marijuana three to six times a week from June 2013 to October 2015.
- Applicant tested positive for marijuana in October 2015 after a workplace accident.
- Applicant was diagnosed with cannabis use disorder and alcohol use disorder in October 2015.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
- AG ¶ 25(d)raisedDiagnosis by a Duly Qualified Medical or Mental Health Professional of Substance Use Disorder
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 26(b)rejectedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of AbstinenceApplicant did not demonstrate an established pattern of abstinence due to ongoing associations with drug-using friends and family.
- AG ¶ 26(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 JudgmentApplicant's last use was in October 2015, which is not long enough to mitigate the concerns.
Key Rule Quoted
“the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMay 30, 2017
- Answer filedJun 21, 2017Requested decision based on written record without a hearing.
- Hearing held—No hearing held.
- Decision dateJan 2, 2018
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Importance of Established Pattern of Abstinence in Mitigating Substance Abuse Concerns
- Impact of Social Associations with Drug Users on Security Clearance Eligibility