Summary
A 38-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement) due to a prolonged history of marijuana abuse. The applicant's drug use spanned 17 years, from 1986 to 2003, and included a positive drug test in May 2003. This extensive history led to allegations that his drug involvement was not an isolated incident, but rather a consistent pattern of behavior.
Following the positive drug test, the applicant was diagnosed with Cannabis Abuse and required to complete a drug treatment program. While the applicant did complete the program and demonstrated some behavioral changes, the recency and frequency of his drug use were significant factors in the denial.
The decision highlighted that the applicant's commitment to abstain from drug use was only established after the positive test, which did not sufficiently mitigate concerns about his judgment and trustworthiness. Disqualifying conditions DC 1 and DC 4 were raised, while mitigating conditions MC 1, MC 2, MC 3, and MC 4 were considered but ultimately did not overcome the security concerns.
Why the Applicant Was Denied
- The applicant had a long history of marijuana use spanning 17 years, with the last use occurring in April 2003.
- The applicant tested positive for marijuana in May 2003, which raised significant security concerns.
- The applicant's commitment to abstain from drug use was only established after testing positive, which did not outweigh the concerns regarding his judgment and trustworthiness.
Conditions Referenced
- DC 1appliedAny Drug Abuse
- DC 4appliedEvaluation of Drug Abuse or Drug Dependence by a Licensed Clinical Social Worker Who Is a Staff Member of a Recognized Drug Treatment Program
- MC 1rejectedThe Drug Involvement Was Not RecentThe applicant's last drug use was in April 2003, which is considered recent.
- MC 2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's drug use spanned 17 years, indicating it was not isolated.
- MC 3appliedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant has expressed a commitment to remain drug-free.
- MC 4appliedSatisfactory Completion of a Prescribed Drug Treatment Program, Including Rehabilitation and Aftercare Requirements, Without Recurrence of Abuse and a Favorable Prognosis by a Credentialed Medical ProfessionalThe applicant completed a drug treatment program and has a favorable prognosis.
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 issuedJun 14, 2004
- Answer filedJun 28, 2004Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateOct 13, 2004
Cite For
- Denial of Clearance Due to Long-term Drug Abuse Under Guideline H
- Impact of Recency and Frequency of Drug Use on Security Clearance Decisions
- Consideration of Rehabilitation Efforts in the Context of Ongoing Security Concerns.