Summary
A 42-year-old blaster/painter was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant had a history of regular marijuana and cocaine use from 1997 to 2006, including selling drugs and experimenting with others. This period also included two drug possession convictions. In January 2006, the applicant tested positive for both marijuana and cocaine, leading to admission into a court-ordered drug treatment program. A diagnosis of Cannabis dependence in remission was made in July 2005.
The applicant reported abstaining from drug use since entering inpatient rehabilitation in February 2006 and demonstrated significant lifestyle changes, including an excellent work record for 30 months. The applicant also expressed commitment to continued abstinence and progress in rehabilitation.
Despite these mitigating factors, the clearance was denied. The judge determined that insufficient time had passed since the applicant's last drug use to establish a permanent change in behavior. Additionally, the applicant did not provide a prognosis from a qualified medical professional to support the claim of rehabilitation.
Why the Applicant Was Denied
- The applicant had a long history of regular drug use and criminal conduct, including multiple convictions for drug possession.
- Insufficient time had passed since the applicant's last drug use to demonstrate a permanent change in behavior.
- The applicant did not provide a prognosis from a qualified medical professional to support his rehabilitation.
Conditions Referenced
- H.1.araisedDrug Abuse
- H.1.braisedPositive Drug Test
- H.1.craisedIllegal Drug Possession
- J.1.araisedSerious Crime or Multiple Offenses
- J.1.craisedAdmission of Criminal Conduct
- H.2.arejectedTime Since ConductThe applicant's drug abuse occurred as recently as February 2006.
- H.2.bappliedIntent Not to Abuse DrugsThe applicant demonstrated intent not to abuse drugs in the future, including disassociation from drug-using contacts.
- H.2.drejectedSuccessful RehabilitationThe applicant completed treatment programs but did not provide a prognosis from a qualified professional.
- J.2.arejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal conduct was recent and frequent, indicating ongoing concerns.
- J.2.dappliedEvidence of Successful RehabilitationThe applicant's good work performance and lifestyle changes were noted.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedMay 30, 2008
- Answer filedAug 11, 2008
- Hearing heldSep 25, 2008via telephone
- Decision dateNov 17, 2008
Cite For
- Insufficient Time to Demonstrate Permanent Behavioral Change After Drug Abuse
- Rejection of Mitigating Conditions Due to Recent and Frequent Criminal Conduct
- Importance of Providing a Prognosis From a Qualified Professional for Rehabilitation Claims