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ISCR Case 21-02450 — CASE

Case record

ISCR Case 21-02450

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

Case Profile
Decision Date3/31/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Candace Le'i Garcia
Government Counsel: Kelly M. Folks
Applicant's Counsel: Daniel P. Meyer
Case Summary
The applicant in this case was a 41-year-old individual who sought a security clearance after being issued a Statement of Reasons (SOR) by the Department of Defense (DOD) on December 27, 2021. The SOR raised concerns under Guideline H (drug involvement and substance misuse) and Guideline E (personal conduct), alleging that the applicant used marijuana from May 2020 to April 2021 while holding access to classified information. The applicant admitted to the allegations, acknowledging that her marijuana use was intended to manage anxiety during the COVID-19 pandemic.
During the hearing, the applicant provided evidence of her efforts to mitigate the concerns, including seeking medical help for her anxiety and ceasing marijuana use after receiving her COVID-19 vaccination. She expressed remorse for her past decisions and demonstrated a commitment to abstaining from illegal drug use in the future. The administrative judge found that the applicant had taken significant steps to address her substance misuse, including signing a statement of intent to avoid illegal drugs and providing letters of support from friends and family attesting to her reliability and integrity. Ultimately, the judge ruled in favor of the applicant, granting her eligibility for access to classified information, citing her candidness, credibility, and the absence of future risk regarding her reliability and trustworthiness.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 21-02450

grantedMar 31, 2023· Hon. Candace Le'i Garcia· hearing

Summary

This case involved a 41-year-old program manager with an existing security clearance, facing concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons alleged that the applicant used marijuana with varying frequency from approximately May 2020 to at least April 2021, while possessing access to classified information. This raised disqualifying conditions related to untrustworthiness, questionable judgment, and drug involvement.

However, several mitigating conditions were applied. The applicant acknowledged her past marijuana use and expressed remorse for her actions, which occurred during the COVID-19 pandemic. She sought medical help for anxiety and established a pattern of abstinence from marijuana.

The judge found the applicant credible, noting her positive steps to mitigate the security concerns. Ultimately, the applicant was GRANTED eligibility for access to classified information.

Why the Applicant Prevailed

The applicant acknowledged her past drug use and expressed remorse for her actions.
She sought medical help for anxiety and has established a pattern of abstinence from marijuana.
The judge found her credible and noted her positive steps to mitigate security concerns.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Clearance
AG ¶ 16(e)(1)raisedPersonal Conduct Creating Vulnerability

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Actions Taken to Overcome Drug Involvement
AG ¶ 17(c)appliedMinor Offense or Time Passed
AG ¶ 17(d)appliedAcknowledgment and Counseling for Behavior
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 27, 2021
Answer filedMar 2, 2022
Hearing heldDec 6, 2022
Decision dateMar 31, 2023

Cite For

Mitigation of Drug Involvement Under Guideline H
Credibility Assessment in Security Clearance Cases
Whole-person Concept in Adjudication of Security Clearances

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant displayed untrustworthiness and questionable judgment by using marijuana while possessing a security clearance. However, the applicant's actions were ultimately mitigated by her subsequent steps to address her anxiety and her commitment to abstain from drug use, leading to a favorable decision regarding her security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant displayed untrustworthiness and questionable judgment by using marijuana while possessing a clearance.	For Applicant	Questionable Judgment General	—	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Acknowledgment and Remorse Claimed Corrected Falsification Promptly Claimed Other

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant used marijuana approximately twice monthly from May 2020 to April 2021, while holding a security clearance. Despite this, the judge ultimately ruled in favor of the applicant, concluding that the evidence presented mitigated the concerns regarding her drug involvement.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana, with varying frequency, from approximately May 2020 to at least April 2021.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (c) prescription abuse followed a prolonged illness and has since ended	Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence Claimed Other
1.b	Applicant's use of marijuana occurred while she was granted access to classified information.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (c) prescription abuse followed a prolonged illness and has since ended	Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence Claimed Other

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.