CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 22-00269 — CASE

Case record

ISCR Case 22-00269

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

Case Profile
Decision Date3/1/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Shari Dam
Government Counsel: A. H. Henderson
Case Summary
The applicant in this case was a 33-year-old digital design engineer who sought a security clearance after submitting a security clearance application in September 2021. The Department of Defense issued a Statement of Reasons (SOR) on April 28, 2022, citing concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline E (Personal Conduct) due to the applicant's history of marijuana use, which he admitted had occurred from March 2011 until September 2021. The applicant claimed to use marijuana for medicinal purposes related to arthritis and nausea from cancer medications, but he also acknowledged a social aspect to its use.
The applicant admitted all allegations in the SOR and did not provide any evidence to mitigate the concerns raised. He had previously been denied a security clearance in 2017 due to his marijuana use, which led to his termination from a defense contractor. Although he claimed to have stopped using marijuana after that denial to secure employment with another contractor, he resumed use shortly thereafter. The administrative judge ruled against the applicant, concluding that he failed to demonstrate a commitment to discontinue marijuana use or to provide evidence of rehabilitation. The judge emphasized that the applicant's ongoing drug involvement raised significant concerns regarding his reliability and trustworthiness, ultimately denying his eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- 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. 22-00269

deniedMar 1, 2023· Hon. Shari Dam· hearing

Summary

A 33-year-old digital design engineer was denied a security clearance under Guideline H (Drug Involvement and Substance Misuse) and Guideline E (Personal Conduct). The denial stemmed from the applicant's admitted ongoing marijuana use, which is prohibited under federal law for individuals in sensitive positions.

The Statement of Reasons alleged that the applicant failed to mitigate security concerns related to his marijuana use and that his conduct demonstrated questionable judgment and a lack of candor, raising doubts about his reliability and trustworthiness. Disqualifying conditions H.24, H.25, and E.15 were cited.

The judge found that the applicant's admissions, coupled with a lack of evidence for rehabilitation or intent to cease marijuana use, presented significant concerns regarding his reliability and trustworthiness. Furthermore, the applicant's history included periods of drug use while he held access to classified information. Consequently, the applicant was denied national security eligibility.

Why the Applicant Was Denied

The applicant admitted to ongoing illegal marijuana use, which is prohibited under federal law for individuals in sensitive positions.
He failed to demonstrate rehabilitation or intent to cease marijuana use, raising doubts about his reliability and trustworthiness.
The applicant's history of drug use included periods of use while holding access to classified information.

Conditions Referenced

Disqualifying

H.24raisedDrug Involvement and Substance Misuse
H.25raisedIllegal Drug Use While Holding a Security Clearance
E.15raisedPersonal Conduct

Key Rule Quoted

“An individual’s disregard of federal law pertaining to the use, sale, or manufacture of marijuana remains adjudicatively relevant in national security determinations.”
— DNI Memorandum ES 2014-00674

Procedural Posture

SOR issuedApr 28, 2022
Answer filedDec 19, 2022Applicant filed an undated Answer.
Hearing held—Applicant elected to have the case decided on the written record.
Decision dateMar 1, 2023

Cite For

Denial of Security Clearance Due to Ongoing Illegal Drug Use Under Guideline H
Failure to Demonstrate Rehabilitation or Intent to Cease Drug Use
Impact of Federal Law on State-legal Marijuana Use 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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant's conduct involved questionable judgment and a lack of candor, which raised significant concerns about his reliability and trustworthiness. Ultimately, the judge ruled against the applicant on the personal conduct allegations, denying his security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant's conduct involving questionable judgment and lack of candor raises questions about his reliability and trustworthiness.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—

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: Decision on RecordDecided: denied

The judge found that the applicant's ongoing use of marijuana raised significant security concerns under Guideline H. Despite admitting to the allegations, the applicant failed to demonstrate sufficient mitigation regarding his drug involvement, leading to a denial of national security eligibility.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant failed to mitigate the drug involvement and substance misuse security concerns related to his use of 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.