Summary
A 48-year-old senior systems engineer with military service was denied a security clearance under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to using marijuana on two occasions in September 2015 while already holding a security clearance. This admission, along with an expressed intent to potentially use CBD in the future, raised concerns regarding his reliability and trustworthiness.
Disqualifying conditions cited included drug involvement while holding a security clearance, an expressed intent to continue drug involvement, and a pattern of questionable judgment. Mitigating conditions considered included the passage of time since the drug use and the applicant's voluntary admission.
Ultimately, the judge determined that the applicant failed to provide sufficient evidence to mitigate the concerns. Specifically, he did not demonstrate a firm commitment to abstain from drug use or provide evidence of therapeutic use for any substance. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant admitted to using marijuana while holding a security clearance, which raised questions about his reliability and trustworthiness.
- The applicant expressed an intent to potentially use CBD in the future, indicating a lack of commitment to abstain from drug use.
- The applicant did not provide evidence of therapeutic use or a signed statement of intent to abstain from drug involvement.
Conditions referenced
- H.25(a)raisedAny Substance Misuse
- H.25(c)raisedIllegal Possession of a Controlled Substance
- H.25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- H.25(g)raisedExpressed Intent to Continue Drug Involvement
- E.16(d)raisedCredible Adverse Information
- E.16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- H.26(b)rejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome ItThe applicant did not provide evidence of actions taken to mitigate drug involvement.
- E.17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's drug use was too recent and did not demonstrate a pattern of abstinence.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 26, 2017
- Answer filedNov 14, 2017
- Hearing held—Case decided on written record.
- Decision dateApr 20, 2018
Cite for
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Lack of Sufficient Evidence to Mitigate Personal Conduct Concerns Under Guideline E
- Importance of Demonstrating a Commitment to Abstain From Drug Use for Security Clearance Eligibility.