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ISCR Case 21-02111 — CASE

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ISCR Case 21-02111

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

Case Profile
Decision Date9/15/2022
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Elizabeth M. Matchinski
Government Counsel: Rhett E. Petcher
Case Summary
The applicant in this case was a 39-year-old principal technical-support engineer who had been using and purchasing marijuana since August 2019, including after applying for a Department of Defense (DOD) security clearance in April 2021. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing concerns under Guideline H (drug involvement and substance misuse) and Guideline E (personal conduct). The core allegations included the applicant's ongoing marijuana use and intent to continue using it, despite knowing it was illegal under federal law.
During the proceedings, the applicant admitted to the allegations, stating that his marijuana use was legal under state law and that he intended to continue using it. He explained that he used marijuana recreationally during non-working hours and had been candid about his usage in his security clearance application. The applicant acknowledged that he understood the federal prohibition on marijuana use and expressed that he did not believe his off-duty use would affect his ability to handle sensitive information.
The administrative judge ruled to deny the applicant's security clearance, concluding that the applicant's drug involvement and substance misuse raised significant security concerns that were not mitigated. The judge emphasized that the applicant's intent to continue using marijuana, despite its federal illegality, indicated a lack of judgment and reliability necessary for holding a security clearance. The decision underscored the importance of compliance with laws and regulations in evaluating an individual's trustworthiness for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · Withdrawn
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 21-02111

deniedSep 15, 2022· Hon. Elizabeth M. Matchinski· hearing

Summary

A 39-year-old principal technical-support engineer was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The denial stemmed from the applicant's admitted daily marijuana use and purchases, which began in August 2019 and continued even after he completed his Electronic Questionnaires for Investigations Processing on April 12, 2021.

Specifically, the Statement of Reasons alleged that the applicant used and purchased marijuana with varying frequency from August 2019 to the present, and admitted to daily use from August 2019 to September 2021. A key factor in the denial was the applicant's stated intent to continue using marijuana in the future, despite acknowledging its illegality under federal law.

The judge determined that the applicant's ongoing drug involvement and expressed intent to continue use undermined his reliability and trustworthiness. No mitigating factors were found to apply to the applicant's case, leading to the denial of his security clearance eligibility.

Why the Applicant Was Denied

The applicant admitted to daily marijuana use and purchases since August 2019, including after applying for a security clearance.
He expressed intent to continue using marijuana despite knowing it is illegal under federal law.
The judge found no mitigating factors to support the applicant's case regarding his drug involvement.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(g)raisedIntent to Continue Drug Involvement

Key Rule Quoted

“The illegal use of controlled substances...can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.”

Procedural Posture

SOR issuedSep 28, 2021
Answer filedOct 8, 2021
Hearing heldAug 18, 2022Applicant appeared in person; government counsel appeared via video.
Decision dateSep 15, 2022

Cite For

Ongoing Drug Involvement Under Guideline H
Disqualifying Conditions Related to Substance Misuse
Lack of Mitigating Factors for 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: HearingDecided: denied

The judge found that the applicant used and purchased marijuana with varying frequency since August 2019, including after applying for a security clearance. The applicant admitted to daily use and expressed intent to continue using marijuana, despite knowing it is illegal under federal law. The application for a security clearance was denied due to these findings.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from August 2019 to present, including after he completed an Electronic Questionnaires for Investigations Processing on April 12, 2021.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.b	Applicant purchased marijuana with varying frequency from August 2019 to present, including after he completed an Electronic Questionnaires for Investigations Processing on April 12, 2021.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.c	Applicant intends to continue to use marijuana in the future, despite knowing that possession of marijuana remains illegal under federal law.	Against Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.d	Applicant admitted to using marijuana daily from August 2019 to September 2021, and that he intends to continue using marijuana.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—

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.