PSH-23-0143 - In the Matter of Personnel Security Hearing

On December 13, 2023, an Administrative Judge issued a decision finding that an Individual's application for a security clearance should be denied. The Individual had omitted his prior marijuana use on Questionnaires for National Security Positions in 2018 and 2022. He used marijuana occasionally from 2016 to 2018 and once in early 2021. 

At the hearing, the Individual testified that he had made a mistake by omitting the information and now knew that such omissions were considered to be a lack of candor. He testified that in the future, he would not "put his own spin" on paperwork. He credibly testified that he had not used marijuana since 2021. The Individual did not present evidence that his judgment and decision -making skills had improved. He presented testimony from a witness and testified on his own behalf that his illegal drug use "didn't matter" and was a normal part of growing up. The Administrative Judge found that the Individual had mitigated the Guideline H concerns regarding his drug use, largely based on how long he had abstained from all drugs. The Administrative Judge found that the Individual had not mitigated the Guideline E concerns because doubt remained about the Individual's truthfulness in situations where the truth may affect him negatively and because the Individual had not shown improvement in his judgment since making the omissions. Accordingly, the Administrative Judge found that the Individual's application for access authorization should be denied. (OHA Case No. PSH-23-0143, Martin)