Summary
A 26-year-old information assurance engineer was granted a security clearance despite past drug involvement, which was the sole guideline under review. The applicant admitted to using marijuana from age 16 in May 1995 until December 2002, acquiring it through purchases or from friends. He also experimented with various other drugs during high school and college. This included Vicadens on up to 10 occasions between February 2000 and February 2001, Methamphetamine on up to four occasions between June 1999 and April 2000, and Oxycodone on up to 15 occasions between February 1999 and February 2003.
Further experimentation involved MDMA on up to 40 occasions between June 1999 and March 2001, Cocaine on up to 10 occasions between July 1998 and June 2001, and Ketamine on up to 30 occasions between December 1997 and May 2000. He also used Mescaline and LSD twice each in November 1997, and Mushrooms on up to 20 occasions between June 1997 and July 1999, sometimes purchasing them.
The clearance was granted because the applicant demonstrated candor throughout the process and has not used drugs since December 2002. He no longer associates with drug users and provided negative drug tests from 2004 and 2005. The judge found his past drug use mitigated by his intent to abstain and the absence of recent involvement, supported by his current employment and recognition of a drug-free lifestyle.
Why the Applicant Prevailed
- The applicant was candid about his past drug use and demonstrated a commitment to abstaining from drugs since December 2002.
- He provided evidence of negative drug tests conducted in 2004 and 2005, supporting his claims of abstinence.
- The applicant's current employment and recognition of the importance of a drug-free lifestyle contributed to the favorable decision.
Conditions Referenced
- E2.A8.1.2.1raisedDrug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A8.1.3.1appliedNot Recent Drug Involvement
- E2.A8.1.3.3appliedDemonstrated Intent Not to Abuse Drugs in the Future
Key Rule Quoted
“"The concern under Guideline H is that improper or illegal involvement with drugs raises questions regarding an individual’s willingness or ability to protect classified information."”
Procedural Posture
- SOR issuedJul 24, 2003
- Answer filedAug 27, 2003
- Hearing heldApr 26, 2005Second hearing due to lost record from first hearing.
- Decision dateMay 31, 2005
Cite For
- Mitigating Conditions for Past Drug Use Under Guideline H
- Importance of Candor in Security Clearance Applications
- Demonstrated Intent to Abstain From Drug Use as a Mitigating Factor