Summary
A 25-year-old software development intern was denied eligibility for a public trust position under Guideline H (Drug Involvement) due to an extensive history of illegal drug use and an expressed intent to continue using illegal substances.
The Statement of Reasons detailed daily marijuana use from July 2007 to July 2014, mushroom use on approximately four occasions between June 2008 and October 2012, and ecstasy use twice from October 2008 to November 2011. Additionally, the applicant purchased and sold marijuana during the period of daily use. Critically, the applicant stated an intention to continue using both marijuana and mushrooms in the future.
The judge denied the clearance, citing the applicant's admitted daily marijuana use and stated intent to continue using marijuana and hallucinogenic mushrooms. The applicant's drug use history raised significant questions about his reliability and trustworthiness, and he failed to provide evidence of rehabilitation or a commitment to discontinue drug use, thus not sufficiently mitigating the concerns.
Why the applicant was denied
- The applicant admitted to daily marijuana use from 2007 until 2014 and expressed intent to continue using marijuana and hallucinogenic mushrooms.
- The applicant's drug use history raised significant questions about his reliability and trustworthiness.
- The applicant did not provide evidence of rehabilitation or a commitment to discontinue drug use.
Conditions referenced
- AG ¶ 25 (a)raisedAny Drug Use
- AG ¶ 25 (c)raisedIllegal Drug Possession, Including Cultivation, Processing Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- AG ¶ 25 (h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- AG ¶ 26 (a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Unusual 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 was continuous and recent, with no indication of cessation.
- AG ¶ 26 (b)rejectedA Demonstrated Intent Not to Abuse Drugs in the FutureThe applicant expressed a clear intent to continue using illegal drugs.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 28, 2015
- Answer filedNov 11, 2015Applicant admitted all allegations without explanation.
- Hearing held—Applicant requested a decision on the record.
- Decision dateOct 5, 2016
Cite for
- Denial of Eligibility Based on Extensive Drug Involvement Under Guideline H
- Insufficient Mitigation of Drug Use Concerns
- Importance of Demonstrating Intent to Discontinue Illegal Drug Use for Trustworthiness Evaluations