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ISCR Case 18-01496 — CASE

Case record

ISCR Case 18-01496

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

Case Profile
Decision Date10/1/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Juan J. Rivera
Government Counsel: Andre M. Gregorian
Case Summary
The applicant in this case was a 30-year-old employee of a federal contractor who sought a security clearance. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H, specifically regarding the applicant's illegal use of marijuana from 2005 until May 2018. The allegations included continued marijuana use after the applicant submitted his security clearance application in May 2017 and after being questioned about this use during a background interview in December 2017.
The applicant admitted to the allegations in the SOR, acknowledging his illegal marijuana use and stating that it was legal in his state of residence. He claimed he would stop using marijuana if required for his job or clearance eligibility. However, he continued to use marijuana until at least May 2018, despite being aware of the legal implications and security concerns associated with his drug use. The administrative judge found that the applicant's long history of illegal drug use, particularly after submitting his application and being informed of the concerns, raised significant doubts about his reliability and trustworthiness.
The administrative judge ruled against the applicant, concluding that the security concerns related to drug involvement and substance misuse were not mitigated. The judge emphasized that the applicant's continued illegal use of marijuana demonstrated a lack of judgment and an unwillingness to comply with laws and regulations, which ultimately led to the denial of his security clearance.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 18-01496

deniedOct 1, 2023· Hon. Juan J. Rivera· hearing

Summary

A 30-year-old federal contractor with a Ph.D. was denied a security clearance under Guideline H (Drug Involvement) due to a history of illegal marijuana use. The applicant admitted to using marijuana from 2005 until May 2018.

Crucially, this use continued after he submitted his security clearance application in May 2017 and even after he was questioned about it during a background interview in December 2017. The Statement of Reasons specifically cited his illegal marijuana use between 2005 and May 2018, highlighting the continued use post-application and post-interview.

The denial was based on the applicant's failure to demonstrate reliability and trustworthiness. His promises to cease marijuana use were deemed to lack sufficient weight and credibility, raising concerns about his compliance with laws and regulations. Disqualifying conditions under Adjudicative Guidelines Paragraphs 25(a) and 25(c) were cited in the decision.

Why the Applicant Was Denied

The applicant illegally used marijuana from 2005 to May 2018, including after submitting his security clearance application.
He continued to use marijuana after being questioned about it during a background interview.
The applicant's promises to stop using marijuana were deemed lacking in weight and credibility.

Conditions Referenced

Disqualifying

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

Key Rule Quoted

“Once a concern arises regarding an Applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
— Dorfmont v. Brown, 913 F. 2d 1399, 1401 (9th Cir. 1990)

Procedural Posture

SOR issuedJun 18, 2018
Answer filedJun 25, 2018Requested decision based on the record.
Hearing held—
Decision dateOct 1, 2023

Cite For

Illegal Drug Use as a Disqualifying Condition Under Guideline H
Credibility of Applicant's Promises Regarding Drug Use
Presumption Against Granting Security Clearance When Concerns Arise

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: denied

The judge found that the applicant illegally used marijuana from 2005 until May 2018, including after submitting his security clearance application and after being questioned about his drug use. The judge ruled against the applicant on this allegation, leading to a denial of his security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant illegally used marijuana between 2005 and May 2018, including after submitting his security clearance application in May 2017 and after being questioned about it in December 2017.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	Claimed Other

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.