Summary
A 36-year-old systems engineer was denied a security clearance under Guideline H (Drug Involvement) due to his past marijuana use. The applicant admitted to possessing and using marijuana on approximately 20 to 25 occasions between March 2013 and February 2014, all while holding a security clearance. This conduct violated federal law and his employer's drug-free policy, raising concerns about his reliability and trustworthiness.
The disqualifying conditions cited were 25(a), 25(c), and 25(g). While mitigating conditions 26(a), 26(b), 26(c), and 26(d) were considered, they were not sufficient to overcome the security concerns.
Despite the applicant's assertion that he stopped using marijuana in February 2014 and his willingness to undergo drug testing, the judge determined there was insufficient evidence of reform or a long enough period of abstinence to mitigate the security risks. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant used marijuana 20 to 25 times while holding a security clearance, violating federal law and his employer's drug-free policy.
- The applicant did not demonstrate a sufficient track record of abstention from illegal drug use to mitigate security concerns.
- The applicant's marijuana use raised questions about his reliability and trustworthiness.
Conditions Referenced
- 25(a)raisedAny Drug Abuse
- 25(c)raisedIllegal Drug Possession
- 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- 26(a)appliedThe 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 JudgmentThe applicant stopped using marijuana in February 2014, but more time without illegal drug use is necessary to fully apply this condition.
- 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant expressed intent not to use marijuana in the future and does not associate with drug users.
- 26(c)notedAbuse of Prescription Drugs Was After a Severe or Prolonged Illness During Which These Drugs Were Prescribed, and Abuse Has Since Ended
- 26(d)notedSatisfactory Completion of a Prescribed Drug Treatment Program
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 23, 2015
- Answer filedDec 8, 2015
- Hearing heldSep 23, 2016
- Decision dateMar 28, 2017
Cite For
- Insufficient Period of Abstinence From Drug Use Under Guideline H
- Impact of Illegal Drug Use on Security Clearance Eligibility
- Burden of Proof on Applicant to Demonstrate Reform and Rehabilitation