Summary
A 54-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The denial stemmed from a long history of marijuana use, beginning in 1971 at age 17, which he described as a "chronic" and "serious habit." He used marijuana daily for over three decades, including during a previous security clearance held from 1972 to the mid-1980s. He also admitted to a "mental and physical dependency" between 1993 and 2003.
Further concerns arose from his failure to disclose recent drug use on his security clearance questionnaire, constituting deliberate falsification. Although he completed a drug treatment program and abstained from marijuana for nearly two years, he relapsed once on December 31, 2006. His last use was less than two years before the hearing.
The judge found insufficient evidence of a firm commitment to avoid future drug use, noting his expressed willingness to use marijuana if legalized for medical purposes. This, combined with his extensive history of use and recent relapse, led to the conclusion that his current abstention was not confidently predictable, resulting in the denial of his security clearance.
Why the Applicant Was Denied
- Applicant has a long history of daily marijuana use for over 35 years, raising significant trustworthiness concerns.
- Applicant's last use of marijuana occurred less than two years prior to the hearing, undermining claims of rehabilitation.
- Applicant's intent to avoid future drug use was not unequivocal, as he expressed a willingness to use marijuana if legalized for medical purposes.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse DrugsApplicant's recent abstinence was outweighed by his extensive history of drug use.
- AG ¶ 17(c)appliedMinor OffenseApplicant's omission of December 2006 marijuana use was infrequent and not intentional.
Key Rule Quoted
“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedJun 24, 2008
- Answer filedJul 29, 2008
- Hearing heldOct 21, 2008
- Decision dateNov 18, 2008
Cite For
- Denial of Security Clearance Due to Extensive Drug Use Under Guideline H
- Insufficient Evidence of Rehabilitation Despite Recent Abstinence
- Failure to Disclose Recent Drug Use Impacting Personal Conduct Under Guideline E