CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 20-02997 — CASE

Case record

ISCR Case 20-02997

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

Case Profile
Decision Date9/28/2021
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Dan O'Reilley
Case Summary
The applicant in this case was a 50-year-old employee of a defense contractor who applied for a security clearance in September 2019. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) on February 15, 2021, citing concerns under Guideline H (Drug Involvement and Substance Misuse). The SOR detailed the applicant's long history of recreational marijuana use, which raised questions about his reliability and trustworthiness.
In his response to the SOR, the applicant admitted to his marijuana use, which he described as having started in 1987 and continued intermittently until June 2019. He claimed to have ceased use upon learning he needed a security clearance and stated that he did not intend to use marijuana in the future. However, he did not provide evidence of any treatment or counseling for his substance use, nor did he submit a response to the Government's file of relevant material after being given the opportunity.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to his drug involvement. The judge noted that the applicant's long history of marijuana use, lack of treatment, and the timing of his cessation of use did not demonstrate a sufficient pattern of abstinence or reliability. Consequently, the applicant's eligibility for a security clearance was denied.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 20-02997

deniedSep 28, 2021· Hon. Robert Robinson Gales· hearing

Summary

A 50-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to extensive and prolonged marijuana use. The applicant admitted to over three decades of recreational marijuana use, with his last reported use in June 2019.

The Statement of Reasons alleged that the applicant failed to mitigate security concerns related to drug involvement and substance misuse. Disqualifying conditions under Adjudicative Guideline (AG) ¶ 25(a) and AG ¶ 25(c) were raised, while AG ¶ 26(b) was considered as a potential mitigating condition.

Ultimately, the judge denied the clearance because the applicant provided no evidence of rehabilitation or intent to abstain from drug use. This lack of evidence led to substantial questions regarding his reliability and trustworthiness, concluding that granting a clearance was not consistent with national interest.

Why the Applicant Was Denied

Applicant admitted to over three decades of recreational marijuana use, with the last use occurring in June 2019.
He provided no evidence of rehabilitation or intent to abstain from drug use.
The judge found substantial questions regarding the applicant's reliability and trustworthiness due to his history of drug involvement.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(c)notedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemApplicant acknowledged his drug involvement but did not provide evidence of actions taken to overcome it.

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedFeb 15, 2021
Answer filedMar 5, 2021Applicant elected to have his case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateSep 28, 2021

Cite For

Denial of Security Clearance Due to Extensive Drug Involvement Under Guideline H
Lack of Evidence for Rehabilitation or Intent to Abstain From Drug Use
Consideration of the Whole-person Concept in Security Clearance Determinations

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 failed to mitigate security concerns regarding drug involvement and substance misuse, specifically related to his long-term use of marijuana. The applicant admitted to being a recreational substance abuser, using marijuana frequently for over three decades, with his last use occurring in June 2019. As a result, the application for a security clearance was denied.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant failed to mitigate the security concerns regarding drug involvement and substance misuse.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse	—	—

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.