Summary
A 26-year-old defense contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant had a history of marijuana use from approximately July 2009 to at least March 2015, which he stated was for pain management related to Osgood-Schlatter disease. He also purchased marijuana from July 2009 to at least July 2014 and intended to continue use even after applying for a DOD security clearance in December 2014. Additionally, his roommate used marijuana daily.
Further concerns arose because the applicant failed to inform his employer about his continued marijuana use after filling out his security application and after his hiring. The judge noted that the applicant's extensive marijuana use raised significant questions about his reliability and trustworthiness. He continued using marijuana despite knowing it violated his employer's drug-free policy and federal law.
Ultimately, the applicant's failure to disclose his ongoing marijuana use during the security clearance process undermined his credibility. Despite claims of medical necessity and an intent to cease use, the judge found insufficient evidence to mitigate the concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant's extensive marijuana use from 2009 to March 2015 raised significant reliability and trustworthiness concerns.
- He continued using marijuana despite knowing it violated his employer's drug-free policy and federal law.
- His failure to disclose ongoing marijuana use during the security clearance process undermined his credibility.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- H.25(h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- E.16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- H.26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurApplicant's marijuana use was extensive and recent, undermining claims of infrequency.
- H.26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureApplicant's intent was not supported by sufficient evidence of sustained abstinence.
- E.17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentApplicant's conduct was not minor and did not demonstrate a likelihood of non-recurrence.
- E.17(g)appliedAssociation with Persons Involved in Criminal Activity Has CeasedApplicant disassociated from his marijuana-using roommate.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedMar 18, 2016
- Answer filedMar 30, 2016
- Hearing heldOct 25, 2016
- Decision dateMar 3, 2017
Cite For
- Denial of Security Clearance Due to Extensive Drug Involvement Under Guideline H
- Failure to Mitigate Personal Conduct Concerns Under Guideline E
- Impact of Ongoing Illegal Drug Use on Security Clearance Eligibility