Summary
A 29-year-old applicant with bachelor's and master's degrees was denied a security clearance under Guideline H (Drug Involvement) due to admitted illegal marijuana use while holding a prior clearance. The Statement of Reasons specifically alleged that the applicant used marijuana from approximately June 2012 until January 2014.
The judge found that the applicant's regular marijuana use, while holding a security clearance, violated the law and the government's trust. Disqualifying conditions under Adjudicative Guideline (AG) ¶ 25(a) and AG ¶ 25(g) were raised. Although the applicant acknowledged his past behavior and expressed an intent to abstain from future drug use, his belief in marijuana's legality did not mitigate the illegal nature of his past actions.
Despite the application of mitigating conditions AG ¶ 26(a), AG ¶ 26(b), and AG ¶ 26(d), the judge determined there was insufficient evidence of rehabilitation or a change in circumstances. The applicant did not provide proof of completing a drug treatment program, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant admitted to using marijuana regularly while holding a security clearance, violating the law and the trust placed in him by the government.
- The applicant's belief that marijuana should be legal did not mitigate the illegal nature of his drug use.
- The applicant did not provide evidence of rehabilitation or completion of a drug treatment program.
Conditions Referenced
- AG ¶ 25(a)appliedAny Drug Abuse
- AG ¶ 25(g)appliedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- 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 regular marijuana use over a 20-month period while holding a security clearance does not support this condition.
- AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant did not provide evidence of completing a 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 issuedNov 24, 2014
- Answer filedDec 13, 2014
- Hearing heldApr 28, 2015
- Decision dateMay 11, 2015
Cite For
- Denial of Security Clearance Due to Illegal Drug Use Under Guideline H
- Insufficient Evidence of Rehabilitation in Drug Involvement Cases
- Importance of Compliance with Laws and Regulations in Security Clearance Determinations