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ISCR Case 19-03402 — CASE

Case record

ISCR Case 19-03402

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

Case Profile
Decision Date7/29/2020
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Elizabeth M. Matchinski
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 66-year-old information technology specialist who had a long history of marijuana use, including during the time he held a secret security clearance. The Defense Counterintelligence and Security Agency issued a Statement of Reasons citing concerns under Guideline H (drug involvement and substance misuse) and Guideline E (personal conduct). The core allegations included the applicant's continued use of marijuana up until November 2018, despite holding a security clearance, and his admission of using the drug as a sleep aid.
In his response to the allegations, the applicant admitted to using marijuana but claimed that most of his use occurred decades earlier and that he had only recently begun using it occasionally before bed. He asserted that he had stopped using marijuana more than six months prior to the hearing and expressed a willingness to undergo drug testing to demonstrate his abstinence. However, he also indicated that he intended to resume use after retirement. The applicant denied any intent to conceal his marijuana use and maintained that he never worked on sensitive projects while holding a clearance.
The administrative judge ruled against the applicant, concluding that his history of marijuana use, particularly while holding a security clearance, raised significant concerns regarding his reliability and trustworthiness. The judge found that the applicant's claims of having ceased use and his willingness to undergo drug testing were insufficient to mitigate the established security concerns. Consequently, the applicant's request for security clearance was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 19-03402

deniedJul 29, 2020· Hon. Elizabeth M. Matchinski· hearing

Summary

A 66-year-old information technology specialist was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from a long history of marijuana use, which included use while holding a security clearance.

Specifically, the applicant used marijuana with varying frequency from approximately January 1972 to at least February 2019. This extensive history, particularly the use while cleared, raised concerns about the applicant's judgment and adherence to federal laws and regulations.

Despite the applicant's claims of having ceased marijuana use, the judge found insufficient evidence of reform. This led to ongoing concerns regarding the applicant's reliability and trustworthiness, ultimately resulting in the denial of the security clearance.

Why the Applicant Was Denied

The applicant had a long history of marijuana use, including while holding a security clearance.
The applicant's claims of having ceased marijuana use were not sufficient to mitigate concerns about reliability and trustworthiness.
The applicant's marijuana use was deemed inconsistent with federal laws and regulations regarding drug use in sensitive positions.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
AG ¶ 25(g)rejectedExpressed Intent to Continue Drug Involvement and Substance Misuse, or Failure to Clearly and Convincingly Commit to Discontinue Such MisuseThe applicant's candid disclosures about his marijuana involvement and intention of future use against self-interest allowed the judge to find credible his change of heart with respect to future marijuana consumption.

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 31, 2020
Answer filedMar 19, 2020Requested a decision on the written record.
Hearing held—Decision made based on written record.
Decision dateJul 29, 2020

Cite For

Denial of Security Clearance Due to Ongoing Drug Involvement Under Guideline H
Insufficient Evidence of Reform in Personal Conduct Under Guideline E
Importance of Compliance with Federal Drug Laws in Sensitive Positions

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant exhibited questionable judgment by using marijuana while holding a security clearance. The applicant's conduct was deemed inconsistent with the national interest, leading to a denial of eligibility for access to classified information.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant exhibited questionable judgment by using marijuana while holding a security clearance.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (f) violation of a written commitment made as a condition of employment	—	—

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

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 with varying frequency from January 1972 to at least February 2019, including while holding a security clearance. The applicant's drug involvement was deemed to establish disqualifying conditions, 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 January 1972 to at least February 2019, including while holding a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (f) any illegal drug use while holding a clearance or sensitive position	—	—

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.