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ISCR Case 20-01456 — CASE

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ISCR Case 20-01456

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

Case Profile
Decision Date3/22/2021
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Elizabeth M. Matchinski
Government Counsel: Kelly M. Folks
Case Summary
The applicant in this case was a 41-year-old principal security consultant who sought security clearance eligibility after a history of marijuana use. The Defense Office of Hearings and Appeals (DOHA) addressed concerns under Guideline H, which pertains to drug involvement and substance misuse. The Statement of Reasons (SOR) alleged that the applicant used marijuana on several occasions between June 2013 and August 2018, including during periods when he had access to classified information.
The applicant admitted to using marijuana but denied doing so while holding a security clearance. He claimed that his use occurred while he was not sponsored for a clearance. In mitigation, he expressed his intention not to use marijuana in the future. However, the administrative judge found that the applicant's past drug use raised significant concerns regarding his judgment and reliability, which are critical for security clearance eligibility.
Ultimately, the administrative judge ruled to deny the applicant's security clearance. The judge concluded that the applicant's failure to comply with federal drug laws undermined his trustworthiness, despite his assertions of future compliance. The decision emphasized that the applicant's past behavior continued to cast doubt on his reliability and judgment, which are essential for maintaining national security.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 20-01456

deniedMar 22, 2021· Hon. Elizabeth M. Matchinski· hearing

Summary

A 41-year-old principal security consultant was denied a security clearance under Guideline H (Drug Involvement) due to his admitted marijuana use. The applicant used marijuana on a few occasions between June 2013 and August 2018, which violated federal law. This activity raised disqualifying conditions concerning his judgment and willingness to comply with rules.

Despite the applicant's assertion that he did not use marijuana while holding a security clearance, the judge found this claim lacked sufficient supporting evidence. The decision highlighted that his marijuana use raised significant concerns about his judgment, reliability, and trustworthiness.

Ultimately, the applicant's eligibility for access to classified information was denied. The mitigating condition of infrequent use was considered, but it did not overcome the concerns regarding his judgment and adherence to federal law.

Why the Applicant Was Denied

The applicant admitted to using marijuana on multiple occasions, which is illegal under federal law.
His marijuana use raised concerns about his judgment, reliability, and trustworthiness.
The applicant's claims of not using marijuana while holding a security clearance were not sufficiently supported by evidence.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position

Mitigating

AG ¶ 26(b)(3)appliedEvidence of Actions Taken to Overcome the Problem, Including a Signed Statement of Intent to Abstain From All Illegal Drug InvolvementThe applicant expressed intent to refrain from future marijuana use.

Key Rule Quoted

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

Procedural Posture

SOR issuedSep 22, 2020
Answer filedOct 5, 2020
Hearing held—Applicant represented himself.
Decision dateMar 22, 2021

Cite For

Disqualifying Conditions Related to Illegal Drug Use Under Guideline H
Importance of Compliance with Federal Drug Laws for Security Clearance Eligibility
Mitigating Factors Regarding Intent to Abstain From Drug Use

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 on a few occasions between June 2013 and August 2018, which was in violation of Federal law. The applicant admitted to this use but denied doing so while holding a security clearance. The judge ruled against the applicant, concluding that granting eligibility for a security clearance was not consistent with the national interest.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana on a few occasions between June 2013 and August 2018, in violation of Federal law.	Against Applicant	MarijuanaWHILE CLEARED	Experimental	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.