Summary
A 48-year-old fabrication technician was denied a security clearance under Guideline H (Drug Involvement) due to a 34-year history of illegal marijuana use. The Statement of Reasons detailed daily to weekly use from age 12 into his 30s, a positive employer-mandated drug test in either 1992 or 1993, and the purchase and sale of excess marijuana quantities during the 1990s. Additionally, the applicant was in the presence of friends using marijuana as recently as last year and had never undergone drug treatment or counseling.
Disqualifying conditions related to illegal drug use, involvement in drug trafficking, and a pattern of drug use were raised. While mitigating conditions for infrequent use and a period of abstinence were considered, the judge ultimately found them insufficient.
Despite a nearly two-year period of abstinence, the judge concluded that the applicant's long history of drug use and past relapses made his assertion of future abstinence unconvincing. The denial was based on insufficient evidence of a commitment to discontinue drug use, determining that granting a clearance was not consistent with national interest.
Why the Applicant Was Denied
- Applicant has a 34-year history of illegal marijuana use.
- He tested positive for marijuana in a work-administered urinalysis in the early 1990s.
- Applicant has not undergone drug treatment or counseling.
- His assertion of future abstinence was deemed unconvincing due to his long history of drug use and past relapses.
Conditions Referenced
- DC 25(a)raisedAny Drug Abuse
- DC 25(b)raisedTesting Positive for Illegal Drug Use
- DC 25(c)raisedIllegal Drug Possession, Including Purchase, Sale, or Distribution
- DC 25(h)raisedFailure to Clearly and Convincingly Commit to Discontinue Drug Use
- MC 26(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 long history of marijuana abuse and recent use precluded this condition from applying.
- MC 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's reliance on religious beliefs and lack of disassociation from drug-using associates were insufficient to demonstrate intent.
Key Rule Quoted
“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMar 17, 2009
- Answer filedUndatedApplicant admitted all allegations except one.
- Hearing heldMay 21, 2009
- Decision dateJun 29, 2009
Cite For
- Denial of Clearance Due to Long History of Drug Abuse Under Guideline H
- Insufficient Evidence of Commitment to Abstain From Drug Use
- Impact of Past Drug Use on Current Reliability and Trustworthiness