Summary
A 56-year-old defense contractor employee was denied a security clearance under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of marijuana use and a perceived lack of commitment to abstain.
The applicant admitted to frequent and regular marijuana use for five of the past six years, including smoking with his daughter and her friends since 2007. He concealed this use from supervisors and coworkers, fearing it would damage their perception of him. While he had previously stopped marijuana use from 1988 to 2004, he resumed regular recreational use in 2004 and continued until October 2009, shortly before the Statement of Reasons (SOR) was issued.
Crucially, the applicant expressed an intent to continue using marijuana during the security clearance application process, only stopping to avoid clearance denial. This, combined with his concealment of drug use, raised concerns about his reliability, trustworthiness, and candor, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant resumed marijuana use in 2004 and continued until October 2009, shortly before the SOR was issued.
- He expressed intent to continue using marijuana during the security clearance process and only stopped to avoid denial of his clearance.
- Applicant concealed his drug use from supervisors and coworkers, indicating a lack of candor and reliability.
Conditions Referenced
- H.24raisedDrug Involvement
- H.25(c)raisedIllegal Drug Possession
- H.25(h)raisedIntent to Continue Illegal Drug Use
- J.31(a)raisedCriminal Conduct
- E.16(e)raisedPersonal Conduct
- E.16(g)raisedAssociation with Persons Involved in Criminal Activity
- H.26(a)rejectedDrug InvolvementApplicant's drug use was frequent and recent, casting doubt on reliability.
- H.26(b)rejectedIntent Not to Abuse Drugs in the FutureApplicant did not demonstrate a commitment to abstain from drug use.
- J.32(a)rejectedCriminal ConductInsufficient time elapsed since criminal behavior.
- E.17(c)rejectedPersonal ConductBehavior was not minor and did not occur under unique circumstances.
- E.17(g)rejectedAssociation with Persons Involved in Criminal ActivityApplicant continues to associate with drug-using friends and family.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedNov 4, 2009
- Answer filedNov 30, 2009
- Hearing heldAug 18, 2010
- Decision dateNov 5, 2010
Cite For
- Denial of Security Clearance Due to Ongoing Drug Use and Lack of Commitment to Abstain
- Issues of Reliability and Trustworthiness in Relation to Drug Involvement
- Impact of Personal Conduct on Security Clearance Eligibility