Summary
A 29-year-old software engineer was granted a security clearance despite concerns under Guideline H (Drug Involvement). The Statement of Reasons detailed a history of illegal drug use, primarily during high school and college. This included marijuana use from approximately 2010 to June 2020, and psilocybin mushrooms from 2014 to February 2020. The applicant also used LSD on three occasions between 2016 and 2017, and cocaine twice in November 2016 and February 2019.
Additionally, the applicant admitted to using unprescribed medications, specifically Hydrocodone once in July 2015 and Adderall about ten times from December 2013 to November 2015. He also sold marijuana in 2014 and psilocybin on two or three occasions between July 2017 and May 2019. Legal issues included a charge for possession of marijuana and paraphernalia in April 2012, and in August 2016, a felony charge for possession of a controlled substance, resulting in convictions for three misdemeanors: possession of marijuana, possession of paraphernalia, and ingestion of an intoxicant other than alcohol.
The administrative judge found that the applicant successfully mitigated these security concerns. He demonstrated remorse, made significant lifestyle changes, and has abstained from illegal drugs since June 2020, providing a signed statement of intent to remain drug-free. His candor about his drug history and commitment to good judgment in his career were key factors in the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant showed remorse for his past illegal drug use and has made positive changes in his life.
- He has abstained from illegal drugs since June 2020 and provided a signed statement of intent to remain drug-free.
- The applicant was candid about his drug history and demonstrated a commitment to good judgment in his career.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(d)raisedDiagnosis of Substance Abuse Disorder
- AG ¶ 26(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
- AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the Problem
Key Rule Quoted
“The illegal use of controlled substances . . . can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.”
Procedural Posture
- SOR issuedApr 1, 2021
- Answer filedMay 25, 2021Initially through counsel, later pro se.
- Hearing heldJun 23, 2022Applicant requested a determination on the written record.
- Decision dateFeb 27, 2023
Cite For
- Mitigation of Drug Involvement Under Guideline H
- Consideration of the Whole-person Concept in Security Clearance Decisions
- Importance of Demonstrating a Pattern of Abstinence From Illegal Substances