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Summary

A 34-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to his history of marijuana and cocaine use. The government alleged in its Statement of Reasons that the applicant was ineligible for clearance based on his use of both substances.

The applicant admitted to using marijuana and cocaine over several years, with his last marijuana use occurring less than a year before the decision. The judge found that this extensive and recent drug use reflected poor judgment. Furthermore, the applicant failed to demonstrate a sincere intent to abstain from future drug use, partly evidenced by his continued associations with drug users.

While the applicant presented evidence of negative drug tests, these were deemed insufficient due to the lack of random testing. Ultimately, the judge concluded that the applicant's history and lack of sincere intent warranted a denial of the security clearance.

Why the Applicant Was Denied

• The applicant's history of marijuana and cocaine use was extensive and recent, reflecting poor judgment.
• The applicant failed to demonstrate a sincere intent to abstain from future drug use, as evidenced by his continued associations with drug users.
• The applicant's evidence of negative drug tests was deemed insufficient due to the lack of random testing.

Conditions Referenced

Key Rule Quoted

“The Government relies heavily upon the sobriety, discretion, and good judgment of its security clearance holders.”

Procedural Posture

• SOR issuedJul 30, 1996
• Answer filedAug 3, 1996Applicant elected for a written record.
• Hearing held—No hearing; case determined on written record.
• Decision dateDec 31, 1996

Cite For

• Denial of Security Clearance Due to Extensive Drug Use Under Guideline H
• Insufficient Evidence of Rehabilitation and Intent to Abstain From Drug Use
• Importance of Demonstrating Sincere Intent to Avoid Future Drug Use for Clearance Eligibility