Summary
A 43-year-old senior software engineer for a defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to his history of marijuana use. The applicant had been granted a security clearance in 2006, but continued to occasionally possess and use marijuana from 1999 until July 2016. This ongoing use, which extended for 17 years, raised significant security concerns.
The judge considered several disqualifying conditions, including the applicant's involvement with illegal drugs and his continued use after obtaining a clearance. While the applicant ceased use in July 2016 and expressed remorse, the judge found that he had not demonstrated a sufficient track record of abstention to mitigate the security risks.
Mitigating conditions, such as the applicant's acknowledgment of the issue and his efforts to cease use, were applied but ultimately deemed insufficient. The denial was based on the applicant's continued marijuana use until July 2016, the lack of a significant period of abstinence, and his proximity to a known marijuana user.
Why the Applicant Was Denied
- The applicant's marijuana use continued until July 2016, which raised security concerns.
- The applicant did not demonstrate a sufficient track record of abstention from illegal drug use to mitigate security concerns.
- The applicant's proximity to a known marijuana user weighed against mitigation of security concerns.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's marijuana use was not sufficiently distant or infrequent to mitigate concerns.
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's relationship with a known marijuana user and insufficient period of abstinence weighed against this condition.
- AG ¶ 26(c)notedAbuse of Prescription Drugs Was After a Severe or Prolonged Illness
- AG ¶ 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 issuedJul 19, 2016
- Answer filedAug 16, 2016
- Hearing heldJan 26, 2017
- Decision dateApr 25, 2017
Cite For
- Insufficient Period of Abstinence From Drug Use Under Guideline H
- Lack of Demonstrated Rehabilitation in Drug Involvement Cases
- Proximity to Drug-using Associates as a Factor in Security Clearance Decisions