Summary
The 25-year-old Applicant, employed by a defense contractor, sought a security clearance but was denied due to extensive marijuana use exceeding 500 times and a stated intention to continue use until granted clearance. The judge found that the Applicant's drug involvement disqualified him under 10 U.S.C. § 986, and no mitigating factors were applicable. The judge resolved the personal conduct allegations in favor of the Applicant, but the overall decision was to deny the clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The applicant has used marijuana more than 500 times, including after he completed a Security Clearance Application (SCA) (1.a). The applicant has continued using marijuana after his October 2003 response to the SOR, and he plans to continue to use marijuana in the future (1.b). The applicant has purchased marijuana from friends, and he has sold it to friends, but he denies it was for profit (1.c). The applicant used a substance that he was told was Psilocybin mushrooms at least three times from approximately 1997 to 2001 (1.d). The applicant used a substance that he was told was LSD at least one time (1.e).
The judge denied the clearance. The government raised disqualifying conditions E2.A8.1.2.1, E2.A8.1.2.2, E2.A8.1.2.5. The decision turned on the following: Applicant has used marijuana more than 500 times, including after submitting his Security Clearance Application; Applicant expressed intent to continue using marijuana until granted a security clearance, indicating a lack of commitment to discontinue illegal drug use; The application of 10 U.S.C. § 986 disqualifies the Applicant from eligibility for a security clearance.
Why the Applicant Was Denied
- Applicant has used marijuana more than 500 times, including after submitting his Security Clearance Application.
- Applicant expressed intent to continue using marijuana until granted a security clearance, indicating a lack of commitment to discontinue illegal drug use.
- The application of 10 U.S.C. § 986 disqualifies the Applicant from eligibility for a security clearance.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A8.1.2.5raisedFailure to Successfully Complete a Drug Treatment Program
Key Rule Quoted
“The application of 10 U.S.C. § 986 disqualifies him from eligibility.”
Procedural Posture
- SOR issuedSep 25, 2003
- Answer filedOct 7, 2003Applicant requested decision on written record.
- Hearing held—No hearing; decided on written record.
- Decision dateApr 6, 2004
Cite For
- Disqualifying Conditions Under Guideline H for Drug Involvement
- Impact of 10 U.S.C. § 986 on Security Clearance Eligibility
- Lack of Mitigating Factors in Cases of Ongoing Drug Use