Summary
A 54-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement) due to a long history of marijuana use. The Statement of Reasons cited over 30 years of regular marijuana use while holding a security clearance, positive drug tests, and illegal drug possession, including cultivation, processing, manufacture, purchase, sale, or distribution. Disqualifying conditions under Adjudicative Guidelines Paragraphs 24, 25(a), 25(b), and 25(g) were raised.
The applicant had been discharged from the Army for drug abuse and continued to use marijuana regularly for over three decades while holding a security clearance. Although mitigating conditions under Adjudicative Guidelines Paragraphs 26(b) and 26(d) were considered, the judge found them insufficient.
The denial was based on the applicant's extensive history of marijuana use, his failure to demonstrate a compelling case for rehabilitation, and the fact that his recent counseling was not conducted by a qualified medical professional and lacked a prognosis. Ultimately, the judge determined there was insufficient mitigation for the security concerns related to the applicant's prolonged drug involvement and disregard for regulations.
Why the applicant was denied
- Applicant used marijuana regularly for over 30 years while holding a security clearance.
- He was discharged from the Army for drug abuse and failed to demonstrate a compelling case for rehabilitation.
- The applicant's recent counseling was not under a qualified medical professional and did not provide a prognosis.
Conditions referenced
- AG ¶ 24raisedDrug Involvement Raises Questions About Reliability and Trustworthiness.
- AG ¶ 25(a)raisedAny Drug Abuse.
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use.
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the Future.The applicant's statement of intent was not sufficient to mitigate concerns due to his long history of drug use.
- AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment Program.The applicant's counseling was not part of a recognized drug treatment program.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 19, 2013
- Answer filedDec 27, 2013Received by DOHA.
- Hearing heldApr 25, 2014Conducted in person with Department Counsel participating via video.
- Decision dateJun 25, 2014
Cite for
- Long-term Drug Use While Holding a Security Clearance Under Guideline H
- Insufficient Evidence of Rehabilitation After a History of Drug Abuse
- Impact of Personal Conduct on Security Clearance Eligibility