Summary
The applicant, a 42-year-old partner in a private equity firm, sought a security clearance under Guideline B (Foreign Influence) and Guideline H (Drug Involvement). He admitted to infrequent marijuana use until January 2014 and owned a 50% interest in an apartment in Shanghai, China. The judge found that the applicant's drug use was not habitual and that he had taken steps to mitigate concerns regarding foreign influence due to his significant U.S. investments and lack of close ties to China.
Under Guideline B (Foreign Influence) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant owns a fifty percent interest in an apartment in Shanghai, PRC (2.a). Applicant used marijuana with varying frequency from June 1991 to January 2014, but no more than once or twice a year. He was not a habitual user of marijuana. His last use of marijuana occurred while on vacation in Jamaica in January 2014. He is not dependent on marijuana and does not intend to use marijuana in the future (1.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b), AG ¶ 8(b), AG ¶ 8(f). The decision turned on the following: The applicant's marijuana use was infrequent and ceased nearly two years prior to the hearing; He demonstrated a clear intent to abstain from drug use in the future; The applicant's financial interests in the U.S. significantly outweighed his interest in the Shanghai property, reducing the risk of foreign influence.
Why the Applicant Prevailed
- The applicant's marijuana use was infrequent and ceased nearly two years prior to the hearing.
- He demonstrated a clear intent to abstain from drug use in the future.
- The applicant's financial interests in the U.S. significantly outweighed his interest in the Shanghai property, reducing the risk of foreign influence.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 7(e)raisedSubstantial Foreign Interest
- AG ¶ 26(a)appliedInfrequent Use
- AG ¶ 26(b)appliedDemonstrated Intent Not to Use Drugs
- AG ¶ 8(b)appliedMinimal Conflict of Interest
- AG ¶ 8(f)appliedRoutine Nature of Foreign Interest
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 30, 2015
- Answer filedJun 9, 2015
- Hearing heldOct 8, 2015
- Decision dateDec 3, 2015
Cite For
- Mitigation of Drug Involvement Concerns Due to Infrequent Use
- Rebuttable Presumption of Foreign Influence Under Guideline B
- Consideration of Significant U.S. Investments in Mitigating Foreign Influence Risks