Summary
A 30-year-old male applicant with an engineering degree was considered for a security clearance, facing concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). These concerns stemmed from his past marijuana use, which included purchasing and using the drug from approximately October 2001 to August 2014, and an attempt to cultivate it in 2008. Although he was never arrested or charged, his conduct was illegal.
Disqualifying conditions were raised under AG ¶ 25(a), AG ¶ 25(c), AG ¶ 31(a), and AG ¶ 31(c). However, the applicant successfully mitigated these concerns. He demonstrated a significant period of abstinence, having not used marijuana for over two years, and expressed a clear intent to avoid future drug use, motivated by his responsibilities as a husband and father.
The judge found his candid disclosure of past drug use and commitment to personal growth persuasive. Mitigating conditions applied included AG ¶ 26(a), AG ¶ 26(b), AG ¶ 32(a), and AG ¶ 32(d). Ultimately, the applicant was granted a security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of abstinence from drug use, having not used marijuana for over two years.
- He expressed a clear intent to avoid drug use in the future, motivated by his responsibilities as a husband and father.
- The applicant's candid disclosure of his past drug use and his commitment to personal growth were persuasive.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- AG ¶ 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 Judgment
- AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- AG ¶ 32(d)appliedThere Is Evidence of Successful Rehabilitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 26, 2016
- Answer filedApr 6, 2016
- Hearing heldOct 18, 2016
- Decision dateNov 16, 2016
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Significant Abstinence and Personal Growth
- Successful Rehabilitation in the Context of Criminal Conduct Under Guideline J
- The Importance of Personal Responsibility and Role Modeling in Mitigating Security Concerns.