PSH-25-0012 - In the Matter of Personnel Security Hearing

On January 23, 2025, an Administrative Judge (AJ) determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In 2017, the Individual used marijuana before applying for access authorization in 2018; however, he failed to report this marijuana use in the 2018 Questionnaire for National Security Positions (QNSP). The Individual was granted access authorization, and while holding his security clearance consumed a marijuana edible in 2020 and smoked Salvia twice in 2021. The Individual failed to report each instance of drug use. When the Individual applied for a higher level of access authorization in 2022, he failed to disclose any of his illegal drug use in the 2022 QNSP. The Individual finally came forward in 2024. Having credited that the Individual was unlikely to abuse drugs again, had only abused drugs in those four instances, and had self-disclosed at risk of losing his security clearance and employment, the AJ found the Guideline H concerns mitigated. However, as the Individual's dishonesty and failure to report his drug use continued up until recently and over an extended period, the AJ did not find the Guideline E concerns mitigated. Accordingly, the AJ concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-25-0012, Fishman)