Summary
A 25-year-old junior engineer was denied a security clearance under Guideline H (Drug Involvement) due to a history of illegal drug use. The Statement of Reasons detailed multiple instances of marijuana use between May 2004 and July 2013, and psilocybin mushroom use from April 2009 to November 2012. Additionally, the applicant sold marijuana on multiple occasions between September 2009 and January 2010 and was arrested in September 2009 for underage possession of alcohol and marijuana, though these charges were dismissed.
Disqualifying conditions related to illegal drug use and involvement were raised. While the applicant demonstrated abstinence since June 2013 and received positive endorsements from his supervisor and friends, the judge determined these mitigating conditions were insufficient.
The denial was based on the prolonged and frequent nature of the applicant's past drug use, with less than two years having passed since his last marijuana use. This timeframe was deemed insufficient to mitigate security concerns, raising questions about the applicant's reliability and trustworthiness. The application for a security clearance was ultimately denied.
Why the applicant was denied
- The applicant had a prolonged history of illegal drug use, including frequent marijuana use over several years.
- Less than two years had elapsed since the applicant's last use of marijuana, insufficient to mitigate security concerns.
- The applicant's past drug use raised questions about his reliability and trustworthiness.
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
- 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 drug use was frequent and prolonged, and more time is needed to assess his reliability.
- MC ¶ 24(b)appliedA Demonstrated Intent Not to Use Any Drugs in the Future, Such as Disassociation From Drug-using Associates and Contacts, an Appropriate Period of Abstinence, and a Signed Statement of Intent with Automatic Revocation of Clearance for Any Violation
Key rule quoted
“The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence.”
Procedural posture
- SOR issuedJun 13, 2014
- Answer filedAug 15, 2014
- Hearing heldMar 25, 2015
- Decision dateMay 15, 2015
Cite for
- Denial of Security Clearance Due to Prolonged Drug Use Under Guideline H
- Importance of Demonstrating Sufficient Time of Abstinence From Drug Use
- Consideration of Whole-person Factors in Security Clearance Decisions