Summary
A 55-year-old engineer with a prior security clearance was denied a new clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons detailed that the applicant possessed and used marijuana while holding a security clearance, tested positive for THC metabolites, and was arrested for unlawful possession of marijuana and drug paraphernalia. A discharge summary from an outpatient chemical dependency program listed a diagnostic impression of cannabis dependence.
While the applicant incorrectly answered a question on two security questionnaires, there was no intent to deceive as the information was provided elsewhere. Disqualifying conditions related to drug involvement were raised, including drug use while holding a clearance, illegal drug possession, and a diagnosis of drug dependence.
Despite completing a drug treatment program and aftercare requirements, and a favorable prognosis, the judge found that the applicant's extensive and prolonged marijuana use while holding a security clearance raised significant doubts about his reliability, trustworthiness, and current judgment. The past behavior indicated a potential for recurrence of drug use, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant used marijuana while holding a security clearance, which raised questions about his reliability and trustworthiness.
- The applicant's drug use was extensive and occurred over a long period, casting doubt on his current judgment.
- Despite completing a drug treatment program, the applicant's past behavior indicated a potential for recurrence of drug use.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(b)raisedTesting Positive for Illegal Drug Use
- H.25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- H.25(e)raisedEvaluation of Drug Abuse or Drug Dependence by a Licensed Clinical Social Worker Who Is a Staff Member of a Recognized Drug Treatment Program
- H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- H.26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- H.26(d)appliedSatisfactory 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 national security.”
Procedural Posture
- SOR issuedJan 30, 2009
- Answer filedFeb 27, 2009
- Hearing heldAug 6, 2009
- Decision dateSep 18, 2009
Cite For
- Evaluation of Drug Involvement Under Guideline H
- Consideration of Personal Conduct Under Guideline E
- Impact of Past Drug Use on Security Clearance Eligibility