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ISCR Case 19-01131 — CASE

Case record

ISCR Case 19-01131

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

Case Profile
Decision Date2/12/2020
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Elizabeth M. Matchinski
Government Counsel: Eric C. Price
Case Summary
The applicant in this case was a 31-year-old proposal analyst for a defense contractor who sought a security clearance. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H, related to drug involvement and substance misuse. The core allegations included the applicant's marijuana use two to four times per week from August 2014 to December 2016, and additional use in October 2017 and January 2018, along with an expressed intent to use marijuana in the future.
The applicant admitted to the allegations in the SOR, acknowledging his past marijuana use and indicating a potential future intention to use it legally in states where it is permitted. He claimed to have disassociated from individuals who use marijuana and asserted that his drug use did not affect his reliability or judgment. However, he did not provide evidence of a commitment to abstain from future use or any documentation supporting his claims of good character and work performance.
The administrative judge ruled against the applicant, concluding that the evidence did not sufficiently mitigate the security concerns raised by his drug involvement. The judge noted that the applicant's admissions and lack of a clear commitment to abstain from future drug use demonstrated a failure to meet the necessary standards for security clearance eligibility.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 19-01131

deniedFeb 12, 2020· Hon. Elizabeth M. Matchinski· hearing

Summary

A 31-year-old unmarried male with a bachelor's degree was denied a security clearance under Guideline H (Drug Involvement). The denial stemmed from a documented history of marijuana use, including consistent use two to four times per week from August 2014 to December 2016, and additional instances in October 2017 and January 2018. This history included illegal purchases and consumption even after applying for a security clearance.

Disqualifying conditions under Guideline H were raised, specifically concerning the frequency and recency of drug use, and the applicant's attitude toward future use. While the applicant no longer associated with drug users, his responses during the process indicated a willingness to use marijuana again if it became legal.

This expressed willingness, coupled with his failure to provide a signed statement committing to future abstinence from drug use, undermined his credibility. Consequently, the adjudicator determined that the applicant did not demonstrate a sufficient commitment to abstain from drug involvement, leading to the denial of his eligibility for access to classified information.

Why the Applicant Was Denied

The applicant had a history of marijuana use, including illegal purchases and consumption after applying for a security clearance.
He expressed a willingness to use marijuana in the future if it were legal, indicating a lack of commitment to abstain from drug use.
The applicant's failure to provide a signed statement of intent to abstain from future drug use undermined his credibility.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement

Key Rule Quoted

“The illegal use of controlled substances... can raise questions about an individual’s reliability and trustworthiness...”

Procedural Posture

SOR issuedJun 11, 2019
Answer filedJul 11, 2019Requested decision on the written record.
Hearing heldFeb 12, 2020
Decision dateFeb 12, 2020

Cite For

Denial of Security Clearance Due to Illegal Drug Use Under Guideline H
Failure to Demonstrate Commitment to Abstain From Drug Use
Consideration of Future Intent to Use Illegal Substances in Security Clearance Decisions

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 two to four times per week from August 2014 to December 2016, and once in October 2017 and January 2018. The applicant's conduct was deemed inconsistent with the national interest, leading to a denial of security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana two to four times per week from August 2014 to December 2016, and once in October 2017 and January 2018.	Against Applicant	Marijuana	Frequent	Admitted	—	—	Claimed Acknowledgment and Remorse

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.