Summary
A 51-year-old defense contractor employee was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant's history included approximately 200 instances of marijuana use from 1986 until the night before his hearing. This use continued while he held a security clearance from September 2001 to January 2003.
Furthermore, the applicant admitted an intent to use marijuana in the future to address sleep issues, an intention he maintained until the start of his hearing. Disqualifying conditions related to drug involvement and personal conduct were raised, specifically H.25(a), H.25(c), H.25(f), E.16(c), and E.16(d).
While mitigating conditions H.26(a), H.26(b), E.17(c), and E.17(d) were considered, the judge found that the applicant's recent and frequent drug use, including while cleared, and the questionable nature of his stated intent to abstain, raised significant doubts about his reliability and trustworthiness. Consequently, the security clearance application was denied.
Why the applicant was denied
- Applicant used marijuana approximately 200 times from 1986 until the night before the hearing.
- Applicant's marijuana use continued even while holding a security clearance from 2001 to 2003.
- The applicant's signed statement of intent to abstain from drug use was deemed questionable due to his extensive history of use.
Conditions referenced
- H.25(a)appliedAny Substance Misuse
- H.25(c)appliedIllegal Possession of a Controlled Substance
- H.25(f)appliedIllegal Drug Use While Granted Access to Classified Information
- E.16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- E.16(d)appliedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
- H.26(a)rejectedBehavior Unlikely to RecurApplicant's recent and extensive drug use does not support this condition.
- H.26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemApplicant's intent to abstain is questionable given his history.
- E.17(c)rejectedOffense Is Minor or Unlikely to RecurThe applicant's extensive and recent drug use does not support this condition.
- E.17(d)rejectedAcknowledgment of Behavior and Positive Steps TakenNo evidence of rehabilitation or significant behavioral change was presented.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedOct 26, 2017
- Answer filedNov 22, 2017
- Hearing heldJan 25, 2018
- Decision dateNov 19, 2018
Cite for
- Extensive Marijuana Use as a Disqualifying Factor Under Guideline H
- Recent Drug Use While Holding a Security Clearance Raises Significant Concerns
- Lack of Credible Evidence for Mitigating Conditions Under Guideline E