In PSH-22-0059, on July 20,2022, an Administrative Judge determined that an Individual's access authorization (security clearance) should not be granted under 10 C.F.R. Part 710. in this instance an individual minimized or withheld aspects of their prior conduct in relation to drug use and then later disclosed more of the truth.
The Local Security Office cited that the individual deliberately omitted information concerning his use of illegal drugs, purchase of illegal drugs, and substance abuse treatment from the QNSP; and deliberately concealed or omitted information during an interview with the OPM investigator. This raised Guideline E concerns.
On September 29, 2020, the Individual had signed and submitted a Questionnaire for National Security Positions (QNSP or SF-86 form) concerning his use of illegal drugs and controlled substances, the Individual disclosed that they had "socially experimented with [ tetrahydrocannabinol] THC" while in college in 2005 and used cannabidiol (CBD) oil containing a " small % of THC" for medicinal purposes in 2018. The Individual checked boxes marked "no" to indicate that he had not illegally purchased any drug or controlled substance in the prior seven years, been ordered or advised to seek counseling or treatment for drug use, or ever voluntarily sought counseling or treatment due to drug use.
The Office of Personnel Management (OPM) conducted a background investigation of the Individual. OPM's investigation revealed that the Individual had failed to disclose the full extent of his drug use, that he had illegally purchased CBD products containing THC, that he had voluntarily entered treatment for drug use, and that he underwent a substance abuse evaluation following his arrest for several offenses in 2018.
Sometimes a security clearance hearing can be avoided altogether if individuals are thoroughly honest and provide adequate and appropriate mitigating information after consulting an experience, security clearance, lawyer, when filling out their QNSP / eQIP / SF-86. If you or a friend, colleague, or loved one is applying for a security clearance (access authorization) for the first time - get confidential legal advice through a scheduled consultation by contacting Attorney Daniel L. Ellis at 865-235-1787 today.