Summary
A 23-year-old software engineer for a defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to extensive illegal drug use and distribution. The applicant admitted to using marijuana from approximately May 2000 to May 2003. From September 2002 to May 2005, he also admitted to using Hydrocodone, Oxycodone, amphetamines, and cocaine without prescriptions, and heroin, morphine, codeine, and LSD multiple times.
Furthermore, the applicant admitted to purchasing a large amount of cocaine in either 2003 or 2004 and selling it to friends and acquaintances for profit. While he stated he ceased illegal drug use on May 19, 2005, and had no intention of future use, the adjudicator found that he failed to provide sufficient evidence of rehabilitation or lifestyle changes to mitigate the security concerns.
The denial was based on the applicant's extensive and recent involvement with multiple types of illegal drugs, including distribution, which presented significant security risks. The disqualifying conditions E2.A8.1.2.1 and E2.A8.1.2.2 were raised, and while mitigating conditions E2.A8.1.3.1, E2.A8.1.3.2, E2.A8.1.3.3, and E2.A8.1.3.4 were applied, they were deemed insufficient to overcome the security concerns.
Why the Applicant Was Denied
- The applicant engaged in extensive illegal drug use and distribution over several years.
- The applicant did not provide credible evidence of rehabilitation or lifestyle changes to mitigate security concerns.
- The applicant's drug involvement was recent and involved multiple types of drugs, raising significant security risks.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's drug use was not confined to a certain drug and occurred over a significant period.
- E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's extensive drug use and distribution indicate a pattern rather than an isolated incident.
- E2.A8.1.3.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant provided no evidence of behavioral changes or support for his claim of future abstinence.
- E2.A8.1.3.4rejectedSatisfactory 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 did not provide information on any drug treatment or prognosis.
Key Rule Quoted
“The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedAug 29, 2006
- Answer filedSep 28, 2006Applicant responded to SOR allegations.
- Hearing held—Case decided on written record.
- Decision dateMar 19, 2007
Cite For
- Denial of Clearance Due to Extensive Drug Involvement Under Guideline H
- Lack of Sufficient Evidence for Rehabilitation in Drug-related Cases
- Importance of Demonstrating Lifestyle Changes to Mitigate Security Concerns