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ISCR Case 20-00365 — CASE

Case record

ISCR Case 20-00365

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

Case Profile
Decision Date10/5/2020
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Elizabeth M. Matchinski
Government Counsel: Ross Hyams
Case Summary
The applicant in this case was a 24-year-old college graduate seeking a Department of Defense security clearance to work as a junior software developer. The Defense Counterintelligence and Security Agency issued a Statement of Reasons citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The allegations included the applicant's use of marijuana, LSD, hallucinogenic mushrooms, and non-prescribed Adderall over several years, with continued marijuana use as recently as February 2020.
The applicant admitted to the allegations in the Statement of Reasons without providing substantial mitigation or explanation. He acknowledged using marijuana from August 2012 to February 2020, LSD and mushrooms from March 2015 to May 2018, and Adderall from August 2015 to April 2016. Although he claimed to have stopped using marijuana and expressed a desire to quit, he also indicated a potential willingness to use it again if circumstances changed. The administrative judge noted that the applicant's history of substance use raised significant concerns about his reliability and trustworthiness.
Ultimately, the administrative judge ruled to deny the applicant's security clearance. The judge concluded that the applicant's drug involvement and substance misuse were not adequately mitigated, emphasizing that the applicant had not convincingly demonstrated a commitment to abstain from drug use in the future. The decision underscored the importance of maintaining national security and the applicant's failure to establish the necessary trustworthiness for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 20-00365

deniedOct 5, 2020· Hon. Elizabeth M. Matchinski· hearing

Summary

A 24-year-old college graduate was denied a security clearance under Guideline H (Drug Involvement) due to a history of significant drug use, including marijuana, LSD, and Adderall misuse. The Statement of Reasons specifically cited the applicant's use of marijuana from approximately August 2012 to February 2020.

The denial was based on several factors. The applicant's continued marijuana use as recently as February 2020 demonstrated a lack of commitment to abstain from drug use. Furthermore, the applicant's overall history of drug involvement raised significant concerns regarding their reliability and trustworthiness.

A key contributing factor to the denial was the applicant's expressed intent to continue using marijuana unless it became legal nationwide. This indicated an insufficient commitment to discontinue drug use, leading the judge to conclude that the applicant did not mitigate the security concerns.

Why the Applicant Was Denied

The applicant continued to use marijuana as recently as February 2020, demonstrating a lack of commitment to abstain from drug use.
The applicant's history of drug use raised significant concerns regarding reliability and trustworthiness.
The applicant expressed an intent to continue using marijuana unless it became legal nationwide.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement

Key Rule Quoted

“The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness.”

Procedural Posture

SOR issuedMay 1, 2020
Answer filed—Applicant requested a decision on the written record.
Hearing held—Decision made based on written record.
Decision dateOct 5, 2020

Cite For

Denial of Security Clearance Due to Recent Drug Use Under Guideline H
Insufficient Evidence of Commitment to Abstain From Drug Use
Concerns Regarding Reliability and Trustworthiness Due to Substance Misuse

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 with varying frequency from approximately August 2012 to February 2020, which was a significant concern under Guideline H. The applicant's admission of ongoing marijuana use and expressed intent to potentially use it again contributed to the denial of his security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from approximately August 2012 to February 2020.	Against Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse	—	—
1.b–1.d	3 sub-charges — specific text not stated in this decision (1 against, 2 for the applicant). (low confidence)	Mixed	Unspecified Drug Involvement	Unspecified		—	—	—

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.