Summary
A 24-year-old software engineer was denied a security clearance under Guideline H (Drug Involvement) and Guideline E (Personal Conduct) due to ongoing illegal marijuana use and related judgment concerns. The applicant admitted to using marijuana from March 2005 to December 2007, which included periods after submitting his security clearance application in August 2006, after an interview with an authorized investigator in February 2007, and even after receiving the Statement of Reasons (SOR).
The denial was based on several factors. The applicant was identified as a present user and purchaser of marijuana, and he stated to an investigator that he would be comfortable using marijuana while holding a security clearance. He also indicated a willingness to continue using marijuana in social settings. These actions demonstrated questionable judgment, unreliability, and a lack of trustworthiness, raising doubts about his ability to follow rules and regulations.
Ultimately, the judge found that the applicant failed to demonstrate a credible intent to cease drug use. His statements about future abstinence were considered speculative and conditional on holding a security clearance, rather than reflecting a firm commitment to avoid illegal drugs. This pattern of behavior and lack of credible rehabilitation led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to using marijuana illegally from March 2005 to December 2007, including after submitting his security clearance application.
- The applicant expressed a willingness to continue using marijuana in social settings, indicating a lack of commitment to abstain from illegal drug use.
- The applicant's statements about ceasing drug use were deemed speculative and lacked credibility, particularly as they were conditional on holding a security clearance.
Conditions Referenced
- DC 25(a)raisedAny Drug Abuse
- DC 25(c)raisedIllegal Drug Possession
- DC 25(h)raisedExpressed Intent to Continue Illegal Drug Use
- DC 16(e)(1)raisedPersonal Conduct Creating Vulnerability to Exploitation
Key Rule Quoted
“A person who is an unlawful user of a controlled substance may not be granted access to classified information.”
Procedural Posture
- SOR issuedNov 27, 2007
- Answer filedDec 20, 2007Applicant requested a decision on the record.
- Hearing held—No hearing; decision made on the record.
- Decision dateMar 26, 2008
Cite For
- Denial of Security Clearance Due to Ongoing Illegal Drug Use Under Guideline H
- Questionable Judgment and Reliability Under Guideline E
- Impact of Conditional Statements on Credibility Regarding Drug Use Cessation