Summary
The applicant, a 48-year-old senior project scientist with a Ph.D. in physics, faced security clearance denial under Guideline H for illegal drug involvement (marijuana) and Guideline E for personal conduct. Despite his claims of having ceased marijuana use and his good employment record, the judge found his history of drug use while holding a security clearance and the falsification of his drug use on security applications to be significant concerns, leading to a denial of his application.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant used marijuana after being granted a security clearance (2.a). Applicant falsified material facts on a July 2001 security-clearance application by failing to disclose his marijuana use in January 2001 (2.b). You used marijuana from January 2001 to about March 6, 2008 (1.a). In a March 2007 interview, he admitted that he currently used marijuana approximately five to seven times per week (1.b). He currently used marijuana for anxiety and planned on continuing its use (1.c). He occasionally bought marijuana (1.d). His marijuana use took place after he was granted a security clearance in February 1992 (1.e).
The judge denied the clearance. The government raised disqualifying conditions H.1, E.2. The decision turned on the following: The applicant used marijuana regularly from January 2001 until March 2008, including after being granted a security clearance; The applicant admitted to falsifying material facts on his security clearance application regarding his drug use; The applicant's recent cessation of marijuana use was deemed insufficient to mitigate years of poor judgment.
Why the Applicant Was Denied
- The applicant used marijuana regularly from January 2001 until March 2008, including after being granted a security clearance.
- The applicant admitted to falsifying material facts on his security clearance application regarding his drug use.
- The applicant's recent cessation of marijuana use was deemed insufficient to mitigate years of poor judgment.
Conditions Referenced
- H.1raisedDrug Involvement
- E.2raisedPersonal Conduct (falsification)
Key Rule Quoted
“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedFeb 13, 2008
- Answer filedMar 13, 2008
- Hearing heldMay 15, 2008
- Decision dateJun 23, 2008
Cite For
- Denial of Security Clearance Due to Illegal Drug Use Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Insufficient Mitigation of Security Concerns Despite Cessation of Drug Use