Summary
A 23-year-old business operations analyst for a defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to a history of drug use. The Statement of Reasons detailed several allegations, including marijuana use from approximately November 2002 to July 2008, and experimentation with hallucinogenic mushrooms in April and September 2008.
Further allegations included the applicant experimenting with smoking and inhaling prescription painkillers in 2008, following an injury and surgery. In March 2009, he also used a prescription stimulant, typically for attention deficit disorder, to stay awake while partying on vacation. These actions raised disqualifying conditions H ¶ 25(a) and H ¶ 25(c).
While mitigating conditions H ¶ 26(a) and H ¶ 26(b) were considered, the judge ultimately denied the clearance. The denial was based on the applicant's regular and recent marijuana use, his failure to dissociate from drug-using associates, and an insufficient period of abstinence. Additionally, some experimental drug use occurred after he was aware of the implications for his security clearance.
Why the Applicant Was Denied
- The applicant's marijuana use was regular and recent, raising significant concerns.
- He failed to dissociate from drug-using associates and did not demonstrate an appropriate period of abstinence.
- The applicant's experimental drug use occurred after he was aware of the implications for his security clearance.
Conditions Referenced
- H ¶ 25(a)raisedAny Drug Abuse
- H ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- H ¶ 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 drug use was not infrequent and occurred recently.
- H ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant did not provide corroboration of his abstention or refusal of offered marijuana.
Key Rule Quoted
“The government has a compelling interest in ensuring each Applicant possesses the requisite judgement, reliability, and trustworthiness of those who must protect national interests as their own.”
Procedural Posture
- SOR issuedJul 9, 2009
- Answer filedJul 31, 2009
- Hearing heldSep 22, 2009
- Decision dateMar 3, 2010
Cite For
- Denial of Security Clearance Due to Recent and Regular Drug Use Under Guideline H
- Failure to Demonstrate Intent to Abstain From Drug Use
- Impact of Living with Drug Users on Security Clearance Eligibility