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ISCR Case 20-03437 — CASE

Case record

ISCR Case 20-03437

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

Case Profile
Decision Date8/30/2021
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Erin P. Thompson
Case Summary
The applicant in this case was a 37-year-old project engineer for a defense contractor who applied for a security clearance on April 29, 2019. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) on January 4, 2021, citing concerns under Guideline H (Drug Involvement and Substance Misuse). The SOR detailed the applicant's history of marijuana use, including a positive drug test while in the U.S. Army and a subsequent misdemeanor conviction for drug paraphernalia.
In his response to the SOR, the applicant admitted to the allegations regarding his drug use but argued against the moral implications of the laws governing marijuana. He maintained that his substance use did not affect his work performance or loyalty to his employer. The applicant did not provide any evidence of rehabilitation or intent to cease his drug use, nor did he respond 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 emphasized that the applicant's continued use of marijuana, despite its illegal status, raised significant questions about his reliability and trustworthiness, ultimately determining that granting a security clearance was not consistent with the national interest.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 20-03437

deniedAug 30, 2021· Hon. Robert Robinson Gales· hearing

Summary

A 37-year-old project engineer was denied a security clearance under Guideline H (Drug Involvement) due to his ongoing marijuana use and a history of drug-related offenses. The Statement of Reasons alleged that the applicant was a recreational marijuana user, a Schedule I Controlled Substance, and had regularly used it from September 1997 until at least June 2019. Furthermore, he expressed an intent to continue using marijuana, stating disagreement with the law and a belief that its use was not wrong.

Disqualifying conditions under Guideline H were raised, including allegations of drug involvement, illegal drug use, and a pattern of drug use. The denial was based on the applicant's admission of ongoing marijuana use and his stated intent to continue, which presented significant security concerns.

His history included a positive urinalysis during military service and a conviction for possession of drug paraphernalia. The applicant did not provide evidence of rehabilitation or a commitment to abstain from drug use, leading the judge to conclude that granting a clearance would not be consistent with national interest.

Why the Applicant Was Denied

The applicant admitted to ongoing marijuana use and expressed intent to continue using it, which raised significant security concerns.
He has a history of drug-related offenses, including a positive urinalysis while in the military and a conviction for possession of drug paraphernalia.
The applicant failed to provide evidence of rehabilitation or a commitment to abstain from drug use.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(b)appliedTesting Positive for an Illegal Drug
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(g)appliedExpressed Intent to Continue Drug Involvement

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedJan 4, 2021
Answer filedJan 13, 2021Applicant elected to have the case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateAug 30, 2021

Cite For

Denial of Clearance Due to Ongoing Drug Involvement Under Guideline H
Impact of Expressed Intent to Continue Illegal Drug Use on Security Clearance Eligibility
Importance of Compliance with Federal Drug Laws 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 was a recreational substance abuser whose substance of choice was marijuana, having regularly used it from September 1997 until at least June 2019. The applicant expressed intent to continue using marijuana, which contributed to the denial of his security clearance due to unresolved concerns regarding his drug involvement.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant was a recreational substance abuser whose substance of choice was marijuana – a Schedule I Controlled Substance.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	He has regularly used marijuana from September 1997 until at least June 2019.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	He has expressed intent to continue to use marijuana because he disagrees with the law and does not believe using marijuana is wrong.	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—

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.