Summary
The applicant, a 28-year-old software engineer for a defense contractor, faced security concerns under Guideline H due to a history of marijuana use spanning from February 2002 to at least October 2009, including use after being granted a security clearance. The administrative judge found that the applicant failed to provide sufficient evidence of rehabilitation or intent to abstain from drug use, leading to the denial of his security clearance.
Under Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant is a substance abuser whose choice of substances was variously identified as cannabis sativa, THC, marijuana, and hashish. His initial use of marijuana occurred in February 2002 in a social setting while attending high school. Thereafter, until September 2003, he smoked a hand-rolled marijuana cigarette about once a month in social settings with his high school friends. Applicant considered his use of marijuana during that period as “experimentation.” The frequency of his marijuana use increased when he enrolled in college. Between September 2003 and March 2008, Applicant smoked marijuana cigarettes approximately three to four times per month at social gatherings and private parties, on and off campus. In September 2008, Applicant stated that his last use of marijuana occurred in March 2008, and that during the period September 2003 until March 2008, he had only used marijuana 20 times. He concealed his earlier marijuana use during the period February 2002 until September 2003, as well as the period from March 2008 until September 2008. Applicant stated that “drugs were never and could never be a life style.” As noted above, he was granted a secret security clearance in about December 2009. When Applicant completed his SF 86 in 2008, one of the questions pertaining to substance abuse was, in part, as follows: “Have you ever illegally used a controlled substance while . . . possessing a security clearance . . . .” Although he was made aware of the Government’s heightened sensitivity regarding marijuana use, Applicant continued using marijuana from March 2008 until at least October 2009, also in social settings with friends. In his 2012 SF 86, Applicant acknowledged that his marijuana use spanned the entire period from February 2002 until October 2009, but minimized the frequency of such use by stating: “During the time period listed, I smoked marijuana with friends on occasion (1-2 times per month), more frequently in the earlier years (3-4 times per month).” He also stated: “I smoked marijuana on occasion in high school and college, and on occasion afterward.” He added: “Marijuana use was a phase of my past. It has not been a problem since I terminated my use of it, and I do not see a place for it in my future as a government contractor.” In October 2013, Applicant responded to interrogatories by stating “I do not intend to use marijuana in the future.” He also stated: “I regret my use of marijuana as an adolescent and young adult. I do not intend to ever use it again.” In January 2014, Applicant admitted using marijuana after he was granted a DOD security clearance: I sincerely regret my decision to use marijuana for a period of time after being granted a security clearance. I should have been mature enough to report myself to my FSO when I made the decision to use marijuana, even though I expressed intentions not to do so. . . I swear that I shall never abuse drugs again. Applicant’s motivation for using marijuana over that lengthy period was for fun and relaxation. He denied ever purchasing, selling, transporting, or cultivating the marijuana during the period of his use. He has never received any medical treatment or counseling related to the substance abuse, and he has never completed, nor is he currently participating in, a recognized drug rehabilitation support group. He claims he no longer associates with other substance abusers (1.a). Applicant admitted using marijuana after he was granted a DOD security clearance. His use of marijuana over that lengthy period was for fun and relaxation. While there is no evidence of cultivation, processing, purchase, sale, or distribution of marijuana, or the possession of drug paraphernalia, by merely using marijuana, he illegally possessed it. At some point, despite having been granted a security clearance, and having been forewarned of the Government’s heightened sensitivity regarding marijuana use, Applicant made a decision to use marijuana for a period of time after being granted a security clearance. As he noted, he should have been mature enough to report himself to his FSO when he made the decision to use marijuana, despite having previously expressed his intentions not to do so. Unfortunately, he was not. In addition, Applicant’s detailed histories of marijuana use are inconsistent, and it is impossible to determine the accuracy of his estimated frequency or duration of the marijuana use (1.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(g). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b). The decision turned on the following: The applicant admitted to using marijuana after being granted a security clearance, violating his fiduciary responsibilities; The applicant provided inconsistent accounts of the duration and frequency of his marijuana use, raising doubts about his reliability and trustworthiness; The applicant did not demonstrate sufficient evidence of rehabilitation or a commitment to abstain from drug use in the future.
Why the Applicant Was Denied
- The applicant admitted to using marijuana after being granted a security clearance, violating his fiduciary responsibilities.
- The applicant provided inconsistent accounts of the duration and frequency of his marijuana use, raising doubts about his reliability and trustworthiness.
- The applicant did not demonstrate sufficient evidence of rehabilitation or a commitment to abstain from drug use in the future.
Conditions Referenced
- AG ¶ 25(a)appliedDrug Abuse
- AG ¶ 25(c)appliedIllegal Drug Possession
- AG ¶ 25(g)appliedIllegal Drug Use After Clearance Granted
- AG ¶ 26(a)rejectedBehavior Occurred Long AgoThe applicant's drug use occurred over an extended period and included use after obtaining a security clearance.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's past behavior and lack of a signed statement of intent undermine his claims of future abstinence.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedDec 30, 2013
- Answer filedJan 27, 2014Applicant elected to proceed without a hearing.
- Hearing held—Decision made based on written record.
- Decision dateApr 30, 2014
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Inconsistencies in Applicant's Account of Drug Use as a Factor in Security Clearance Decisions
- Importance of Demonstrating Rehabilitation and Intent to Abstain From Drug Use for Mitigating Conditions