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ISCR Case 18-00120 — CASE

Case record

ISCR Case 18-00120

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

Case Profile
Decision Date4/25/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert J. Kilmartin
Government Counsel: Andre M. Gregorian
Applicant's Counsel: Mary K. Deon
Case Summary
The applicant in this case was a 31-year-old software engineer who applied for a security clearance on May 5, 2017. The Department of Defense issued a Statement of Reasons (SOR) on February 16, 2018, citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The SOR detailed the applicant's admissions of marijuana use since 2001, along with the use of LSD and hallucinogenic mushrooms on a few occasions.
During the proceedings, the applicant admitted to the allegations in the SOR, including his past drug use, but argued that his behavior was linked to untreated medical conditions, including anxiety and PTSD. He provided evidence of his medical history and stated that he had ceased all drug use, including medical marijuana, after receiving the SOR. The administrative judge found that the applicant's past drug use was infrequent and had occurred under circumstances unlikely to recur. The judge noted the applicant's candor in disclosing his drug use and his subsequent actions to mitigate the concerns, including disassociating from drug-using associates and signing a statement of intent to abstain from future drug use.
Ultimately, the administrative judge ruled in favor of the applicant, granting his eligibility for access to classified information. The judge concluded that the applicant's past drug use had been sufficiently mitigated by the passage of time, his voluntary disclosures, and his demonstrated commitment to abstaining from drugs in the future.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 18-00120

grantedApr 25, 2019· Hon. Robert J. Kilmartin· hearing

Summary

A 31-year-old software engineer was granted a security clearance despite concerns under Guideline H (Drug Involvement). The applicant admitted to using marijuana with varying frequency since 2001, LSD once, and hallucinogenic mushrooms twice. These admissions raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 25(a) and AG ¶ 25(c).

However, the decision applied mitigating conditions under AG ¶ 26(a) and AG ¶ 26(b) due to the applicant's demonstrated rehabilitation. He acknowledged his past drug use and provided a signed statement of intent to abstain from future drug use.

The applicant also presented evidence of disassociating from drug-using associates and making significant lifestyle changes. Ultimately, his past drug involvement was deemed unlikely to recur, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant acknowledged his past drug use and demonstrated a commitment to abstain from future use.
He provided evidence of rehabilitation, including disassociating from drug-using associates and submitting a signed statement of intent to abstain from drugs.
The applicant's drug involvement was deemed unlikely to recur due to the passage of time and changes in his lifestyle.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Evidence of Actions Taken to Overcome Drug Involvement

Key Rule Quoted

“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”

Procedural Posture

SOR issuedFeb 16, 2018
Answer filed—
Hearing heldMar 28, 2019via video teleconference
Decision dateApr 25, 2019

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of Rehabilitation and Commitment to Abstain From Drug Use
Whole-person Concept in Security Clearance Determinations

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

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant admitted to using marijuana, LSD, and hallucinogenic mushrooms, but determined that his drug involvement no longer poses a security concern. The applicant has taken steps to mitigate his past drug use, including disassociating from friends who use drugs and signing a statement of intent to abstain. The outcome of the case was granted, allowing the applicant to retain his security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admitted to using marijuana (MJ) with varying frequency since 2001; using LSD once; and hallucinogenic mushrooms twice.	For Applicant	Marijuana	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented
1.b	Applicant admitted to using LSD once.	For Applicant	LSD	Not Applicable	Admitted	—	—	—
1.c	Applicant admitted to using hallucinogenic mushrooms twice.	For Applicant	Psilocybin	Not Applicable	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Full decision

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