Summary
A 24-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement) due to ongoing marijuana use since approximately October 2004. The applicant admitted to purchasing and using marijuana and explicitly stated he did not intend to stop.
Disqualifying conditions were raised based on the applicant's admitted drug involvement, including his intent to continue illegal drug use. While mitigating conditions related to the nature and extent of drug use, as well as rehabilitation efforts, were considered, they were ultimately not sufficient to overcome the security concerns.
The denial was based on the applicant's admitted, continuous marijuana use and his stated intent to continue. He failed to provide evidence of medical necessity or prescribed treatment for his drug use and did not respond to the Government's File of Relevant Material, leaving the security concerns unmitigated.
Why the Applicant Was Denied
- The applicant admitted to ongoing marijuana use since 2004 and expressed no intention to quit.
- He failed to provide evidence of medical necessity or any prescribed treatment for his drug use.
- The applicant did not respond to the Government's File of Relevant Material, leaving security concerns unmitigated.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(h)raisedExpressed Intent to Continue Illegal Drug Use
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's drug use was ongoing and recent.
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant expressed intent to continue using marijuana.
- AG ¶ 26(c)rejectedAbuse of Prescription Drugs Was After a Severe or Prolonged IllnessNo evidence of prescribed drug treatment or medical necessity was provided.
- AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant did not undergo any 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 issuedMar 24, 2010
- Answer filedMar 31, 2010
- Hearing held—Applicant requested a determination based on the written record.
- Decision dateSep 27, 2010
Cite For
- Ongoing Illegal Drug Use as a Disqualifying Factor Under Guideline H
- Failure to Provide Mitigating Evidence for Drug Involvement
- Impact of Expressed Intent to Continue Illegal Drug Use on Security Clearance Decisions