Summary
A 51-year-old software design engineer was denied the maintenance of his security clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from a history of marijuana use spanning from 1980 to 1990, and again from August 2007 to September 2008. Specific allegations included marijuana use during these periods, an arrest and fine for possession in January 1983, and continued use while holding a security clearance.
The applicant received counseling for marijuana use in 1990 and treatment from June 2008 through November 2008. He also self-reported his usage and sought assistance from his company’s employee assistance program to address both marijuana use and anxiety. His last reported use was in September 2008, slightly more than one year prior to the decision.
Despite these efforts, the judge found insufficient evidence to mitigate concerns. The denial was based on the applicant's long and recent history of marijuana use, including after obtaining clearances, which raised questions about his reliability and trustworthiness. The judge concluded that there was insufficient evidence of rehabilitation or a firm commitment to abstain from drug use.
Why the Applicant Was Denied
- Applicant had a long history of marijuana use, including after obtaining security clearances.
- Applicant's marijuana use was recent and frequent, raising questions about reliability and trustworthiness.
- Insufficient evidence of rehabilitation or commitment to abstain from drug use was presented.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(e)raisedEvaluation of Drug Abuse
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance
- AG ¶ 16(d)(3)raisedPattern of Rule Violations
- AG ¶ 26(a)rejectedBehavior Occurred Long AgoApplicant's drug use was recent and frequent.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse DrugsApplicant's assertions of intent to refrain from drug use could not be verified.
- AG ¶ 26(d)rejectedSatisfactory Completion of Drug TreatmentNo favorable prognosis from a qualified medical professional was provided.
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 issuedJul 9, 2009
- Answer filedAug 7, 2009Applicant elected to proceed without a hearing.
- Hearing held—Handled administratively.
- Decision dateDec 18, 2009
Cite For
- Denial of Security Clearance Due to Recent Drug Use Under Guideline D
- Insufficient Evidence of Rehabilitation for Drug Involvement
- Personal Conduct Concerns Related to Illegal Drug Use After Obtaining a Security Clearance