Summary
A 33-year-old senior engineering geologist was denied a security clearance under Guideline H (Drug Involvement) due to a history of drug abuse spanning from 1990 to November 2003. The applicant's marijuana use was deemed recent and not isolated, notably continuing after he applied for clearance in October 2003.
In addition to marijuana, the applicant admitted to experimenting with cocaine, ecstasy, and LSD (twice each), and hallucinogenic mushrooms (thrice) between 1993 and 1994. While the applicant stated an intent to abstain from future drug use, the record lacked information on his character or work history, and he failed to provide sufficient evidence to rebut the unfavorable inferences drawn from his thirteen years of drug abuse.
The denial was based on the recency and non-isolated nature of his marijuana use, his failure to demonstrate a credible intent to refrain from future illegal drug use, and his pattern of involvement with multiple illegal substances. The judge concluded that the applicant did not meet the burden of demonstrating an intent to refrain from illegal drug use in the future.
Why the Applicant Was Denied
- The applicant's marijuana use was recent and not isolated, ending only a month after applying for clearance.
- The applicant failed to provide sufficient evidence of an intent to refrain from illegal drug use in the future.
- The applicant's history of drug use included other illegal substances, indicating a pattern of drug involvement.
Conditions Referenced
- E2.A8.1.1.1raisedImproper or Illegal Involvement with Drugs
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's drug use ended only a month after applying for clearance.
- E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's drug use was part of a long-term pattern.
- E2.A8.1.3.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant did not provide evidence beyond a stated intent to abstain.
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 issuedMar 18, 2005
- Answer filedApr 18, 2005Requested decision without hearing.
- Hearing held—No hearing was conducted.
- Decision dateMar 31, 2006
Cite For
- Recent Drug Use as a Disqualifying Factor Under Guideline H
- Insufficient Evidence of Intent to Refrain From Drug Use as a Basis for Denial
- Pattern of Drug Involvement Affecting Security Clearance Eligibility