Summary
A 32-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to a history of drug use. The Statement of Reasons detailed allegations of marijuana use and purchase from approximately 1982 to at least 1987, along with the use of cocaine, LSD, and psilocybin mushrooms. Concerns were also raised regarding the applicant's potential for future marijuana use.
Disqualifying conditions H.1, H.2, and H.3 were identified, and while mitigating conditions H.1, H.2, and H.3 were considered, they were ultimately insufficient. The denial was based on the applicant's extensive history of drug use, particularly the regular purchase and use of marijuana over several years.
Crucially, the applicant's expressed uncertainty about future marijuana use indicated a potential for relapse, which raised significant security concerns. The applicant failed to provide adequate assurances against future drug involvement, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a long history of drug use, particularly marijuana, which included regular purchases and use from 1982 to 1987.
- The applicant's hedging on future marijuana use indicated a potential for resumption, raising security concerns.
- The applicant failed to provide sufficient assurances against future drug use, which was critical for mitigating security risks.
Conditions Referenced
- H.1raisedAny Drug Abuse.
- H.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution;
- H.3raisedCurrent Drug Involvement, Especially Following the Granting of a Security Clearance, or an Expressed Intent Not to Discontinue Use, Will Normally Result in an Unfavorable Determination.
- H.1appliedThe Involvement Was Not Recent.
- H.2appliedThe Drug Involvement Was an Isolated or Infrequent Event.
- H.3rejectedThe Individual Has Successfully Completed a Prescribed Drug Treatment Program.The applicant did not demonstrate intent to discontinue drug use.
Key Rule Quoted
“The required showing of nexus, however, does not require the Government to affirmatively demonstrate that the applicant has actually mishandled or abused classified information before it can deny or revoke a security clearance.”
Procedural Posture
- SOR issuedJan 28, 1997
- Answer filedFeb 13, 1997Applicant elected to have the case determined on the written record.
- Hearing held—
- Decision dateAug 18, 1997
Cite For
- Denial Based on History of Drug Use Under Guideline H
- Importance of Applicant's Expressed Intent Regarding Future Drug Use
- Mitigating Conditions Applied but Insufficient to Overcome Disqualifying Conditions.