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ISCR Case 19-01325 — CASE

Case record

ISCR Case 19-01325

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

Case Profile
Decision Date10/25/2019
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Elizabeth M. Matchinski
Government Counsel: Carroll J. Connelley
Case Summary
The applicant in this case was a 25-year-old data scientist employed by a defense contractor since June 2017. The Department of Defense Consolidated Adjudications Facility issued a Statement of Reasons (SOR) citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The SOR detailed the applicant's history of using marijuana from June 2010 to at least September 2019, as well as the use of LSD, hallucinogenic mushrooms, and non-prescribed prescription stimulants during various periods.
The applicant admitted to the drug use allegations but claimed that his marijuana use was for medicinal purposes, primarily to alleviate anxiety and pain. He denied any use of LSD or hallucinogenic mushrooms since March 2017 and asserted that he had not misused prescription drugs since April 2017. Despite expressing an intention to abstain from drug use, the applicant acknowledged that he continued to use marijuana after submitting his written response to the SOR, citing its benefits for his mental health. He had not sought any drug counseling or medical treatment for his issues.
The administrative judge ruled to deny the applicant's security clearance, concluding that he had not sufficiently demonstrated that his drug use would not recur. The judge emphasized the importance of trust and reliability in individuals granted access to classified information and noted that the applicant's continued marijuana use, despite his stated intentions, raised significant concerns regarding his judgment and compliance with laws and regulations.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 19-01325

deniedOct 25, 2019· Hon. Elizabeth M. Matchinski· hearing

Summary

A 25-year-old data scientist was denied a security clearance under Guideline H (Drug Involvement) due to extensive past and recent drug use. The Statement of Reasons detailed marijuana use from June 2010 to at least November 2018, and the use of LSD and hallucinogenic mushrooms from January 2014 to March 2017. Additionally, the applicant used unprescribed Adderall, Ritalin, and Modafinil from January 2016 to April 2017.

Disqualifying conditions under Guideline H were raised, specifically concerning a history of drug involvement, illegal drug use, and the misuse of prescription drugs. While a mitigating condition related to the infrequent nature of some drug use was considered, it was ultimately insufficient to overcome the security concerns.

The denial was based on the applicant's continued marijuana use two to three times a week even after expressing an intention to abstain. The judge found that the applicant failed to establish a consistent pattern of abstinence or to disassociate from drug-using associates. These factors raised serious doubts about the applicant's judgment, reliability, and trustworthiness, leading to the denial of eligibility for access to classified information.

Why the Applicant Was Denied

The applicant continued to use marijuana two to three times a week after expressing an intention to abstain.
The applicant failed to establish a pattern of abstinence or disassociate from drug-using associates.
The applicant's drug use raised serious doubts about his judgment, reliability, and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(g)appliedExpressed Intent to Continue Drug Involvement

Mitigating

AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementThe applicant did not demonstrate a clear commitment to abstain from marijuana use.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 26, 2019
Answer filedJul 12, 2019
Hearing heldSep 26, 2019
Decision dateOct 25, 2019

Cite For

Denial of Security Clearance Due to Ongoing Drug Use
Insufficient Evidence of Commitment to Abstain From Drug Use
Impact of Illegal Drug Use on Security Clearance Eligibility

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 used marijuana, LSD, and hallucinogenic mushrooms, with varying frequencies over several years. The applicant's marijuana use was deemed significant, particularly as it occurred while holding a clearance, leading to a denial of eligibility for access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from about June 2010 to at least November 2018; that he used LSD and hallucinogenic mushrooms with varying frequency from about January 2014 to at least March 2017; and that he used the prescription medications Adderall, Ritalin, and Modafinil, which had not been prescribed for him, from about January 2016 to at least April 2017.	Against Applicant	MarijuanaWHILE CLEAREDSolitary Use	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	Applicant used LSD and hallucinogenic mushrooms with varying frequency from about January 2014 to at least March 2017.	For Applicant	Psilocybin	Experimental	Admitted	—	—	—
1.c	Applicant used the prescription medications Adderall, Ritalin, and Modafinil, which had not been prescribed for him, from about January 2016 to at least April 2017.	For Applicant	Prescription Stimulant Misuse	Experimental	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.