Summary
A 25-year-old single man, employed as a technical apprentice, was denied a security clearance under Guideline H (Drug Involvement) due to a history of long-term drug abuse. The applicant admitted to abusing marijuana from December 2003 until August 2009, which included an unspecified number of sales. He also reported using cocaine on seven occasions between September 2004 and August 2005, and admitted to using hallucinogenic mushrooms and ecstasy in June 2005. Additionally, the applicant used marijuana while vacationing in a foreign country in November 2005 and again in November 2006.
Despite claiming to have stopped using drugs in August 2009, the applicant continued to associate with friends who were smoking marijuana in his presence. This association, coupled with his extensive drug abuse over several years, including drug sales, raised significant security concerns.
The applicant failed to provide sufficient evidence to mitigate these concerns regarding his drug involvement, leading to the denial of his security clearance. Disqualifying Conditions 25(a) and 25(c) were raised, while Mitigating Conditions 26(a) and 26(b) were applied.
Why the Applicant Was Denied
- Applicant admitted to extensive drug abuse over several years, including selling marijuana.
- Applicant's association with drug-using friends undermined his claims of future abstinence.
- Applicant failed to provide evidence to mitigate the security concerns regarding his drug involvement.
Conditions Referenced
- DC 25(a)raisedAny Drug Abuse
- DC 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution, or Possession of Drug Paraphernalia
- 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 JudgmentApplicant's continued association with drug-using friends diminishes reliance on his claims of future abstinence.
- MC 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the Future, Such As: (1) Disassociation From Drug-using Associates and Contacts; (2) Changing or Avoiding the Environment Where Drugs Were Used; (3) an Appropriate Period of Abstinence; (4) a Signed Statement of Intent with Automatic Revocation of Clearance for Any ViolationApplicant did not demonstrate disassociation from drug-using associates.
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 28, 2011
- Answer filedApr 14, 2011Undated response submitted by applicant.
- Hearing held—Decision made without a hearing.
- Decision dateAug 31, 2011
Cite For
- Denial of Clearance Due to Long-term Drug Abuse Under Guideline H
- Impact of Continued Association with Drug-using Friends on Claims of Future Abstinence
- Failure to Provide Mitigating Evidence in Drug Involvement Cases