Summary
A 38-year-old product manager was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from a history of illegal drug use, including marijuana and cocaine, which continued despite previous commitments to abstain. The applicant had used marijuana with varying frequency from approximately 1984 to at least September 2005, and cocaine from about 1987 to at least 2003, also purchasing both substances. He also used mushrooms in 1985.
Specific allegations included falsifying a sworn statement in February 1994 by denying illegal drug use other than marijuana and mushrooms. Furthermore, the applicant used marijuana and cocaine while holding a security clearance granted in March 2001, and used marijuana in September 2005 after applying for a new clearance in August 2005. This continued use occurred after he informed a DoD investigator in February 1994 that he had no intent to use illegal drugs in the future.
The applicant also had a January 1987 arrest for minor transporting alcohol and possession of a Class D controlled substance, both dismissed. In October 1987, he served six months probation for possession of a Class D controlled substance following an arrest for minor transporting alcohol, possession of a Class D controlled substance, and possession with intent to distribute. The judge found insufficient evidence of a sustained period of abstinence and noted poor judgment regarding drug use while holding a security clearance, leading to the denial.
Why the Applicant Was Denied
- The applicant continued to use marijuana and cocaine while holding a security clearance.
- He had previously indicated in 1994 that he would not use illegal drugs in the future, yet resumed use.
- The applicant's history of drug use raised concerns about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance Granted
Key Rule Quoted
“Use of an illegal drug or misuse of a prescription drug can raise questions about an individual's reliability and trustworthiness, both because it may impair judgment and because it raises questions about a person's ability or willingness to comply with laws, rules, and regulations.”
Procedural Posture
- SOR issuedJan 23, 2007
- Answer filedFeb 16, 2007
- Hearing heldAug 22, 2007
- Decision dateSep 25, 2007
Cite For
- Denial of Security Clearance Due to Ongoing Drug Use
- Impact of Past Drug Use on Current Reliability
- Failure to Demonstrate Sustained Abstinence From Illegal Drugs