Summary
A 24-year-old electrical engineer employed by a defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to a history of marijuana use. The applicant began using marijuana in late 2002 during high school, estimating monthly use until May 2007, and purchasing a $20 bag fewer than 10 times. During college from August 2003 to February 2007, he reported using marijuana two or three times per year.
His last reported use was in July 2007, just prior to applying for his security clearance, which he disclosed on his application, estimating 30 total uses between September 2002 and July 2007. He stated he stopped due to preparing for college graduation and understanding that marijuana use was unacceptable in the workplace.
The denial was based on several factors: his admitted casual marijuana use over five years was not considered infrequent or under unusual circumstances. Furthermore, his one year of abstinence was deemed insufficient to demonstrate a firm commitment to refrain from future drug use. The judge also found that the applicant equivocated on his future drug use intentions, which undermined his credibility.
Why the Applicant Was Denied
- The applicant admitted to casual marijuana use for five years, which was not infrequent or under unusual circumstances.
- The applicant's one year of abstinence was deemed inadequate to demonstrate a commitment to refrain from future drug use.
- The applicant equivocated on his future drug use intentions, undermining his credibility.
Conditions Referenced
- H ¶ 25(a)raisedAny Drug Abuse
- H ¶ 25(c)raisedIllegal Drug Possession, Including Purchase
- H ¶ 25(h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinued Drug Use
- H ¶ 26(a)rejectedThe 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 JudgmentThe applicant's marijuana use was not distant in time or infrequent.
- H ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's abstinence and statements did not convincingly demonstrate intent to refrain from future drug use.
Key Rule Quoted
“The government has a compelling interest in ensuring each Applicant possesses the requisite judgement, reliability, and trustworthiness of those who must protect national interests as their own.”
Procedural Posture
- SOR issuedJul 8, 2008
- Answer filedJul 28, 2008Applicant requested a decision without hearing.
- Hearing held—No hearing was conducted.
- Decision dateNov 28, 2008
Cite For
- Denial of Security Clearance Due to Insufficient Evidence of Intent to Abstain From Drug Use
- Evaluation of Marijuana Use Under Guideline H
- Impact of Equivocal Statements on Credibility Regarding Future Drug Use Intentions