Summary
A 40-year-old software engineer was denied a security clearance under Guideline H (Drug Involvement) due to his admitted use of psilocybin mushrooms. The Statement of Reasons alleged that the applicant used and purchased psilocybin mushrooms approximately two to three times per year from May 2012 through late summer of 2017, including while holding a security clearance. Concerns were also raised regarding his expressed intent to continue drug involvement or his failure to clearly commit to discontinue such misuse.
Disqualifying conditions under Guideline H were raised, specifically concerning drug involvement while possessing a clearance, a pattern of drug use, and the applicant's failure to demonstrate a clear intent to refrain from future drug use. While mitigating conditions related to the passage of time and the applicant's efforts to address the issue were considered, they were ultimately not sufficient.
The denial was based on the applicant's repeated use and purchase of psilocybin mushrooms while holding a security clearance. The judge found that the applicant failed to demonstrate a clear commitment to abstain from future drug use, minimized the seriousness of his past drug use, and provided conflicting statements regarding his future intentions.
Why the Applicant Was Denied
- The applicant used and purchased psilocybin mushrooms multiple times while holding a security clearance.
- The applicant failed to demonstrate a clear commitment to abstain from future drug use.
- The applicant minimized the seriousness of his drug use and provided conflicting statements about his future intent regarding drug use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement and Substance Misuse, or Failure to Clearly and Convincingly Commit to Discontinue Such Misuse
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good JudgmentThe applicant's drug use occurred while he held a security clearance and he did not demonstrate a commitment to abstain.
- AG ¶ 26(b)rejectedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of AbstinenceThe applicant did not provide evidence of actions taken to overcome his drug use.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedMay 21, 2020
- Answer filed—
- Hearing held—Decision based on written record.
- Decision dateFeb 17, 2021
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Insufficient Mitigation of Drug Use While Holding a Security Clearance
- Conflicting Statements Regarding Future Drug Use Intentions