Summary
The applicant, a 52-year-old defense contractor, sought a security clearance under Guideline H due to a history of illegal drug involvement, specifically marijuana use. The applicant admitted to using, purchasing, and selling marijuana over several decades, including while holding a security clearance. The judge denied the application, citing the applicant's long history of drug use and failure to demonstrate a commitment to discontinue such behavior.
Under Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The SOR alleges and Applicant has admitted that he used marijuana from approximately 1974 to 1992, and again from approximately 2000 to at least July 2008 (1.a). The SOR alleges and Applicant has admitted that he purchased marijuana from approximately 1974 to 1992, and again from approximately 2000 to at least July 2008 (1.b). The SOR alleges and Applicant has admitted that he sold marijuana from approximately 1974 to 1992 (1.c). The SOR alleges and Applicant has admitted that in about June 1992, Applicant was arrested and charged with Possession of Marijuana (1.d). The SOR alleges and Applicant has admitted that he has used marijuana while possessing a security clearance, which was granted to Applicant in December 1981 (1.e). The SOR alleges that in July 2008, Applicant expressed an intent to continue to use marijuana in the future (1.f).
The judge denied the clearance. The government raised disqualifying conditions DC 25(a), DC 25(c), DC 25(g), DC 25(h). The decision turned on the following: The applicant had a long history of illegal drug use, including marijuana, spanning several decades; The applicant used marijuana while holding a security clearance, raising significant security concerns; The applicant's conflicting statements regarding future drug use indicated a lack of commitment to discontinue illegal drug use.
Why the Applicant Was Denied
- The applicant had a long history of illegal drug use, including marijuana, spanning several decades.
- The applicant used marijuana while holding a security clearance, raising significant security concerns.
- The applicant's conflicting statements regarding future drug use indicated a lack of commitment to discontinue illegal drug use.
Conditions Referenced
- DC 25(a)raisedAny Drug Abuse
- DC 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- DC 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- DC 25(h)appliedFailure to Clearly and Convincingly Commit to Discontinue Drug Use
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 issuedApr 23, 2009
- Answer filedMay 13, 2009Applicant requested decision on written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateNov 2, 2009
Cite For
- Long History of Illegal Drug Use Under Guideline H
- Failure to Demonstrate Commitment to Discontinue Drug Use
- Impact of Drug Use on Security Clearance Eligibility