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ISCR Case 21-00959 — CASE

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ISCR Case 21-00959

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

Case Profile
Decision Date6/30/2022
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Elizabeth M. Matchinski
Government Counsel: Carroll J. Connelley
Case Summary
The applicant in this case was a 26-year-old project engineer seeking her first Department of Defense (DOD) security clearance. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing concerns under Guideline H regarding drug involvement and substance misuse. The core allegations included the applicant's history of using marijuana, Adderall without a prescription, and cocaine, as well as her expressed intention to continue using marijuana despite its illegal status under federal law.
During the proceedings, the applicant admitted to using marijuana and purchasing it legally from dispensaries, while also acknowledging past use of Adderall and cocaine. She stated that her marijuana use had decreased since starting graduate studies and claimed that it did not affect her work performance. However, she maintained her intention to continue using marijuana. The applicant denied any future use of Adderall and cocaine, attributing her past use to social circumstances that had changed due to the COVID-19 pandemic.
The administrative judge ruled against the applicant, concluding that the drug involvement and substance misuse concerns were not mitigated. The judge noted that the applicant's continued intention to use marijuana, despite its federal illegality, raised significant doubts about her judgment and reliability, ultimately leading to the denial of her security clearance eligibility.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 21-00959

deniedJun 30, 2022· Hon. Elizabeth M. Matchinski· hearing

Summary

A 26-year-old project engineer was denied a security clearance under Guideline H (Drug Involvement). The denial stemmed from the applicant's admitted ongoing marijuana use, which began around June 2012 and continued through at least April 2021, and her stated intention to continue this use despite federal law.

Further concerns were raised by the applicant's past illicit drug use. This included using Adderall without a prescription from approximately September 2012 through at least June 2019, and cocaine use with varying frequency from about March 2017 through at least March 2020. During a March 2020 Personnel Security Interview, the applicant also expressed an intention to use cocaine in the future.

The judge determined that the applicant's admissions regarding current and past drug use, coupled with her stated intentions for future use, presented significant unmitigated security concerns regarding her reliability and trustworthiness. Consequently, the applicant was denied eligibility for a security clearance.

Why the Applicant Was Denied

The applicant admitted to ongoing marijuana use and expressed an intention to continue using it, despite knowing it is illegal under federal law.
The applicant's past use of Adderall without a prescription and cocaine raised concerns about her reliability and trustworthiness.
The applicant failed to demonstrate sufficient mitigation of security concerns related to drug involvement and substance misuse.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(g)appliedExpressed 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 issuedJun 8, 2021
Answer filedJul 7, 2021
Hearing heldJun 6, 2022in-person hearing
Decision dateJun 30, 2022

Cite For

Ongoing Marijuana Use Despite State Legalization Under Guideline H
Failure to Mitigate Drug Involvement and Substance Misuse Concerns
Impact of Expressed Intent to Continue Drug Use on Security Clearance Eligibility

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: HearingDecided: denied

The judge found against the applicant on allegations of marijuana use and intent to continue using marijuana, while finding for the applicant on allegations related to Adderall and cocaine use. The overall decision was to deny the applicant's eligibility for a security clearance due to concerns about her drug involvement and intentions regarding future use.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant purchased and used marijuana with varying frequency from approximately June 2012 through at least April 2021.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
1.b	Applicant expressed her intention to continue using marijuana.	Against Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.c	Applicant used Adderall without a prescription from about September 2012 through at least June 2019.	For Applicant	Prescription Stimulant Misuse	Occasional	Admitted	—	—	Claimed Acknowledgment and Remorse
1.d	Applicant used cocaine with varying frequency from about March 2017 through at least March 2020.	For Applicant	CocaineWHILE CLEARED	Frequent	Admitted	—	—	—
1.e	Applicant expressed during her March 2020 PSI her intention to use cocaine in the future.	For Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	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.