Access Authorization Not Granted; Guideline E (Personal Conduct) and Guideline H (Drug Involvement and Substance Misuse)
Office of Hearings and Appeals
January 2, 2025On January 2, 2025, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual submitted a Questionnaire for National Security Positions (QNSP) in 2024 in which he disclosed marijuana use and having tested positive for marijuana on two occasions while serving in the U.S. military. However, the Individual failed to disclose having used psychedelic drugs. In response to a letter of interrogatory, the Individual admitted that he had failed to fully disclose his illegal drug use on the 2024 QNSP and in a prior QNSP which resulted in his obtaining a security clearance in connection with his military service. At the hearing, the Individual asserted that he had discontinued illegal drug use, made positive changes in his life such that he would not return to illegal drug use, and intended to be honest and transparent when providing information related to the adjudication of his eligibility for access authorization in the future. However, in light of the Individual's multiple positive drug tests while possessing a security clearance, history of dishonesty related to his illegal drug use, and the lack of evidence to support the Individual's claimed abstinence from illegal drugs and changed life circumstances, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guidelines E or H . Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-24-0188, Harmonick)