Summary
A 32-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement) due to a history of marijuana use and related incidents. From 1998 to September 2002, the applicant used marijuana, including while holding a Top Secret clearance. During this period, he was cited for possession on three occasions, attempted to board an airplane with marijuana in his luggage, and smoked marijuana while driving, leading to a speeding stop.
A significant concern was that the applicant's last arrest for marijuana occurred approximately five weeks after he informed his Facility Security Officer of his intent to abstain from illegal drugs. Although the applicant attended counseling and claimed abstinence since September 2002, the judge found these actions insufficient to mitigate the security concerns.
The denial was based on the frequent nature of his marijuana use, his continued use after expressing an intent to abstain, and his admission of still feeling the urge to use marijuana, stating he would use it again if it were legal. These factors led to the conclusion that the applicant failed to mitigate his drug involvement.
Why the Applicant Was Denied
- The applicant's marijuana use was frequent and occurred while holding a Top Secret clearance.
- He continued to use marijuana after making statements of intent to abstain from illegal drugs.
- The applicant admitted to still feeling the urge to use marijuana and indicated he would use it again if it were legal.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's last use of marijuana was in September 2002, but the judge found this insufficient to mitigate concerns.
- E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's marijuana use was frequent and not isolated.
- E2.A8.1.3.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's past behavior and statements raised doubts about his intent.
- E2.A8.1.3.4rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant's counseling did not meet the strict requirements for this condition.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his or her security clearance.”
Procedural Posture
- SOR issuedMay 16, 2005
- Answer filedMay 23, 2005
- Hearing heldJan 26, 2007Applicant waived the 15-day notice requirement.
- Decision dateMar 26, 2007
Cite For
- Insufficient Evidence to Mitigate Drug Involvement Under Guideline H
- Frequent Drug Use While Holding a Security Clearance
- The Burden of Proof Lies with the Applicant to Demonstrate Eligibility for Clearance