Summary
A 36-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to extensive past drug use. The Statement of Reasons detailed marijuana use from March 2009 to June 2011, and a single instance of cocaine use in February 2006. Notably, both marijuana and cocaine were used while the applicant already held a security clearance.
Further allegations specified varying frequencies of marijuana use, including weekly use during college, and once every week or two from 2002-2007 and 2008-2009. The applicant also admitted to using marijuana "a few times" while staying with friends and using cocaine once in 2006 under similar circumstances. Disqualifying conditions H.25(a) and H.25(g) were raised, while mitigating conditions H.26(a) and H.26(b) were considered.
The denial was based on the applicant's admitted extensive drug use, including while holding a clearance. The judge found insufficient evidence to demonstrate a change in behavior or a firm intent to abstain from future drug use, deeming the applicant's claims of future abstinence unpersuasive given the history.
Why the applicant was denied
- Applicant admitted to extensive drug use, including marijuana and cocaine, while holding a security clearance.
- Insufficient evidence was provided to demonstrate a change in behavior or intent not to use drugs in the future.
- The applicant's claims of future abstinence were not persuasive given the history of drug use.
Conditions referenced
- H.25(a)raisedAny Drug Abuse
- H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- H.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 extensive drug use and the circumstances surrounding it raised concerns about his reliability.
- H.26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant did not provide a signed statement of intent or sufficient evidence of a demonstrated intent not to use drugs.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedJan 27, 2016
- Answer filedFeb 17, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateJan 4, 2017
Cite for
- Denial of Security Clearance Due to Extensive Drug Involvement Under Guideline H
- Insufficient Evidence of Rehabilitation or Intent to Abstain From Drug Use
- Consideration of the Whole-person Concept in Security Clearance Decisions