Summary
A 61-year-old Department of Defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to a prolonged history of marijuana use. The Statement of Reasons detailed marijuana use from July 1973 to at least December 2014, including an arrest for possession in 1973, though no formal charges were filed. The applicant also purchased marijuana multiple times between 1973 and May 2014, estimating 15 to 20 uses between 2007 and 2014.
Disqualifying conditions related to illegal drug use and involvement were raised, while mitigating conditions concerning the passage of time and the absence of recent drug involvement were considered. Despite testing negative for drugs in 2016 and stating an intent to stop illegal drug use, the judge found these actions insufficient.
The denial was based on the applicant's extensive history of illegal drug use, which raised doubts about his reliability and trustworthiness. The applicant failed to demonstrate a clear break from past drug use or disassociation from drug-using associates. Furthermore, his claims of being a law-abiding citizen were undermined by decades of illegal drug use, some of which occurred during his tenure as a DOD contractor.
Why the applicant was denied
- The applicant's long history of illegal drug use raised significant concerns about his reliability and trustworthiness.
- The applicant failed to demonstrate a clear break from past drug use or disassociation from drug-using associates.
- The applicant's assertions of being a law-abiding citizen were undermined by decades of illegal drug use, including during his employment as a DOD contractor.
Conditions referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 26(a)rejectedBehavior Happened Long AgoThe applicant's drug involvement was not recent enough to mitigate concerns given the lengthy history of use.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant did not provide sufficient evidence of changed circumstances or conduct to warrant a finding of reform.
Key rule quoted
“"The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural posture
- SOR issuedMar 5, 2016
- Answer filedApr 2, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateFeb 23, 2017
Cite for
- Insufficient Evidence of Rehabilitation Under Guideline H
- Long History of Drug Use Impacting Security Clearance Eligibility
- Failure to Demonstrate Disassociation From Drug-using Associates