Summary
The 25-year-old applicant, seeking a security clearance, had a history of marijuana use from 1995 to 1999 but has since ceased all drug use and no longer associates with individuals who use drugs. The judge found that the applicant's past conduct was mitigated by his demonstrated intent to refrain from drug use in the future, resulting in a granted clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The Government alleges in this paragraph that Applicant is ineligible for clearance because he associates with friends who use marijuana in his presence (1.a). The Government alleges in this paragraph that Applicant is ineligible for clearance because he abused marijuana (2.a).
The judge granted the clearance. The government raised disqualifying conditions E2.A5.1.2.6., E2.A8.1.2.1., E2.A8.1.2.2.. The judge applied mitigating conditions E2.A5.1.3.7., E2.A8.1.3.1., E2.A8.1.3.3.. The decision turned on the following: Applicant has not used marijuana since 1999 and has demonstrated an intent not to use drugs in the future; Applicant no longer associates with individuals who use marijuana; The applicant's drug involvement was not recent, having ceased for almost five years.
Why the Applicant Prevailed
- Applicant has not used marijuana since 1999 and has demonstrated an intent not to use drugs in the future.
- Applicant no longer associates with individuals who use marijuana.
- The applicant's drug involvement was not recent, having ceased for almost five years.
Conditions Referenced
- E2.A5.1.2.6.raisedAssociation with Persons Involved in Criminal Activity
- E2.A8.1.2.1.raisedAny Drug Abuse
- E2.A8.1.2.2.raisedIllegal Drug Possession
- E2.A5.1.3.7.appliedAssociation with Persons Involved in Criminal Activities Has Ceased
- E2.A8.1.3.1.appliedThe Drug Involvement Was Not Recent
- E2.A8.1.3.3.appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key Rule Quoted
“Each adjudication is to be an overall common sense determination based upon consideration and assessment of all available information, both favorable and unfavorable, with particular emphasis placed on the seriousness, recency, frequency, and motivation for the individual's conduct.”
Procedural Posture
- SOR issuedJun 4, 2003
- Answer filedJun 27, 2003Applicant requested decision on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateFeb 2, 2004
Cite For
- Mitigation of Past Drug Use Under Guideline H
- Cessation of Association with Drug Users Under Guideline E
- Demonstrated Intent to Refrain From Drug Use in the Future