Summary
A 27-year-old senior analyst for a defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to a history of illegal drug use. The applicant admitted to using marijuana frequently from 2001 to 2008, occasionally purchasing it during that period, and using it on numerous occasions in 1996 and 1997. Additionally, he used hallucinogenic mushrooms on at least two occasions in 1999 and 2000.
The Statement of Reasons cited disqualifying conditions related to illegal drug use, including the frequency and recency of use. While the applicant claimed abstinence since February 2008 and expressed an intent to avoid future drug use, the judge found this insufficient to mitigate security concerns.
The denial was based on the lengthy and recurrent nature of the applicant's drug use, with insufficient time having passed since his last use to demonstrate reliable abstinence. Furthermore, the applicant provided no corroborating evidence of his commitment to avoid future drug use, such as documented counseling or supervisor endorsements. His assurances of future abstinence alone were deemed insufficient to address concerns about his judgment and reliability.
Why the Applicant Was Denied
- The applicant had a lengthy and recurrent history of marijuana use, with insufficient time elapsed since his last use to demonstrate reliable abstinence.
- The applicant provided no corroborating evidence of his commitment to avoid future drug use, such as documented counseling or endorsements from supervisors.
- The applicant's assurances of future abstinence were deemed insufficient to mitigate security concerns regarding his judgment and reliability.
Conditions Referenced
- DC ¶ 25(a)raisedAny Drug Abuse
- DC ¶ 25(c)raisedIllegal Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- DC ¶ 25(h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- MC ¶ 24(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 history of frequent marijuana use and lack of documented evidence of long-term abstinence precluded application of this mitigating condition.
Key Rule Quoted
“A decision to grant or continue an applicant's security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedJul 31, 2008
- Answer filedAug 20, 2008Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateFeb 11, 2009
Cite For
- Denial of Security Clearance Due to Recurrent Drug Use Under Guideline H
- Insufficient Evidence of Commitment to Abstain From Drug Use
- Lack of Corroborating Evidence to Mitigate Security Concerns Regarding Drug Involvement