CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case ISCR Case No. 23-02888 — CASE

DOHA Record Explorer

ISCR Case ISCR Case No. 23-02888

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date5/21/2025
Statusdenied
LevelAPPEAL
TypeSTANDARD ISCR
Related decisionSee the hearing decision (Case 23-02888) →
Participants
Applicant Representation: Pro Se
Judge: Moira D. Modzelewski, Allison Marie, Jennifer I. Goldstein
Government Counsel: Andrea M. Corrales
Case Summary
The applicant in this case was a U.S. military veteran in his early 40s, who had served from June 2001 to June 2005 and was honorably discharged. He had a 100% disability rating due to Post-Traumatic Stress Disorder (PTSD) and traumatic brain injury (TBI). The Department of Defense (DoD) issued a Statement of Reasons (SOR) citing security concerns under Guideline H (Drug Involvement and Substance Misuse) due to the applicant's use of medical marijuana since 2013, which he acknowledged in his security clearance application. The SOR alleged that he continued to use marijuana after submitting his application and intended to do so in the future.
During the proceedings, the applicant admitted to his marijuana use and explained that it was prescribed for managing his PTSD and other health issues. He testified that he would consider abstaining from marijuana if it meant obtaining his clearance and later submitted evidence indicating he had limited his use. However, the administrative judge found that the applicant's prolonged marijuana use, despite his awareness of its federal illegality and implications for security clearance, raised concerns about his judgment and reliability. The judge concluded that the applicant's actions were disqualifying under the relevant guidelines, and the appeal board affirmed this decision, stating that the applicant had not demonstrated that the judge's conclusions were arbitrary or contrary to law.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. ISCR Case No. 23-02888

May 21, 2025· Hon. Moira D. Modzelewski· appeal

Summary

A military veteran in his early 40s was denied a security clearance under Guideline H (Drug Involvement) due to his ongoing marijuana use for medical reasons. The applicant admitted to continuous use, even after being informed of its federal illegality and the implications for his security eligibility.

The appeal board affirmed the denial, citing two disqualifying conditions: AG ¶ 25(a) and AG ¶ 25(c). The board determined that the applicant's intention to continue using marijuana raised significant concerns about his judgment and reliability. His lengthy period of marijuana use was not sufficiently mitigated by his candor or other circumstances presented.

Ultimately, the applicant's continued use after being made aware of its impact on security eligibility was deemed to undermine his reliability and judgment, leading to the denial of his security clearance.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedDrug Involvement
AG ¶ 25(c)appliedIllegal Drug Use

Key Rule Quoted

“The general standard is that a clearance may be granted only when ‘clearly consistent with the interests of the national security.’”
— Dept. of Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedDec 28, 2023
Answer filedFeb 1, 2024
Hearing heldAug 1, 2024
Decision dateMay 21, 2025Appeal decision

Cite For

Impact of Ongoing Illegal Drug Use on Security Clearance Eligibility
Judgment and Reliability Concerns Due to Continued Drug Use After Notice of Implications
Affirmation of Denial Based on Applicant's Awareness of Federal Law Regarding Marijuana Use

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Appeal at a glance· Full written decision

Affirmed

The appeal involved a denial of security clearance based on concerns under Guideline H related to the applicant's marijuana use. The applicant argued that the Judge did not adequately consider the medical necessity of his marijuana use. The Board affirmed the Judge's decision, finding no harmful error in the analysis of the applicant's circumstances and behavior.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowCandace Le’i Garcia — denied the clearance

Decided ona hearing

Guidelines belowGuideline H

What the Board reviewed

Judge mis-weighed or ignored evidence — raised by the applicantRejected
Applicant argued that the Judge's analyses of the mitigating conditions and Whole-Person Concept failed to fully consider the limited and medically authorized circumstances of his marijuana use.

Why the Board ruled this way

The Board found that the Judge's conclusions were well-supported by the evidence and consistent with established precedent regarding marijuana use and national security eligibility.

Standard of review applied

Harmful-error gatekeeperSubstantial-evidence reviewArbitrary-and-capricious reviewProcedural complianceNo de-novo re-decisionNo new evidence on appealDeference to the judge’s credibility calls

Appeal Board panel

Moira Modzelewski — Chair
Allison Marie
Jennifer I. Goldstein

Descriptive structured reading of this decided, public Appeal Board decision — what the case says, not a prediction or advice.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.