Summary
The applicant, a 57-year-old vice president in the defense industry, sought to retain his security clearance despite a long history of periodic marijuana use, including after being granted the clearance. The judge found that the applicant did not demonstrate a firm commitment to a drug-free lifestyle, leading to the denial of his clearance under Guideline H for drug involvement.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The applicant used marijuana on a periodic basis for decades, including after being granted a security clearance (1.a). The applicant's last use of marijuana was in August 2015, shortly before the SOR was issued (1.b). The applicant expressed an intention to continue using marijuana in the future (1.c).
The judge denied the clearance. The government raised disqualifying conditions H. The judge applied mitigating conditions H26(a), H26(b). The decision turned on the following: The applicant's long history of marijuana use, including after obtaining a security clearance, raised significant concerns; The applicant failed to demonstrate a firm commitment to a drug-free lifestyle despite a recent period of abstinence; The applicant's behavior indicated a lack of willingness to comply with laws and regulations regarding drug use.
Why the Applicant Was Denied
- The applicant's long history of marijuana use, including after obtaining a security clearance, raised significant concerns.
- The applicant failed to demonstrate a firm commitment to a drug-free lifestyle despite a recent period of abstinence.
- The applicant's behavior indicated a lack of willingness to comply with laws and regulations regarding drug use.
Conditions Referenced
- HraisedDrug Involvement
- H26(a)rejectedThe Drug Involvement Was Not Recent or Infrequent Enough to No Longer Be a Concern.The applicant's marijuana use was not infrequent and occurred until August 2015.
- H26(b)rejectedThe Applicant Has Demonstrated a Clear Intention Not to Use Illegal Drugs in the Future.The applicant did not provide sufficient evidence of a commitment to abstain from marijuana use.
Key Rule Quoted
“Common sense tells us that behavior is the best predictor of behavior.”
Procedural Posture
- SOR issuedMar 18, 2016Issued by DOD Consolidated Adjudications Facility.
- Answer filedSep 3, 2015Applicant admitted allegations.
- Hearing heldJan 8, 2016Hearing conducted as scheduled.
- Decision dateMar 18, 2016
Cite For
- Denial of Security Clearance Due to Long-term Drug Involvement Under Guideline H
- Insufficient Evidence of Commitment to a Drug-free Lifestyle as a Basis for Denial
- Rejection of Mitigating Conditions Related to Drug Use History