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ISCR Case 22-00989 — CASE

Case record

ISCR Case 22-00989

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

Case Profile
Decision Date9/20/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Matthew E. Malone
Government Counsel: Tara R. Karoian
Case Summary
The applicant in this case was a 71-year-old employee of a federal contractor who had held access to classified information since June 2011. The Department of Defense (DOD) issued a Statement of Reasons (SOR) citing concerns under Guideline H (Drug Involvement and Substance Misuse), alleging that the applicant had used marijuana from 1968 until at least January 2022, including during periods when he had access to classified information. The SOR also noted the applicant's expressed intent to continue using marijuana in the future.
The applicant admitted to using marijuana between 1968 and January 2022 and acknowledged that this use occurred while he had access to classified information. However, he denied the allegation regarding his intent to continue using marijuana, stating that he would abstain from use while holding an active security clearance. Despite his claims of limited use and intentions to abstain, the administrative judge found that the applicant's history of drug use was extensive and that he had not provided sufficient evidence to demonstrate a commitment to abstain from future use. The judge noted that the applicant's statements about future use were ambiguous and contingent on social situations.
Ultimately, the administrative judge ruled against the applicant, denying his request for eligibility for access to classified information. The judge concluded that the applicant had not mitigated the security concerns related to his drug involvement and substance misuse, emphasizing that his long history of illegal drug use and lack of clear commitment to abstain raised significant doubts about his reliability and trustworthiness.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
Similar decisions
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Case Headnote

ISCR Case No. 22-00989

deniedSep 20, 2023· Hon. Matthew E. Malone· hearing

Summary

A 71-year-old federal contractor was denied a security clearance under Guideline H (Drug Involvement) due to extensive and ongoing marijuana use. The Statement of Reasons alleged the applicant used marijuana from 1968 to January 2022, including while possessing access to classified information between June 2014 and January 2022. A key concern was the applicant's stated intent to continue using marijuana.

The denial was based on the applicant's long history of marijuana use, which included periods while holding a security clearance. The judge found that the applicant's expressed intent to continue using marijuana raised significant doubts about his reliability and trustworthiness, particularly concerning compliance with federal laws and Department of Defense policies.

Ultimately, the applicant did not provide sufficient evidence to mitigate the security concerns related to drug involvement, leading to the denial of his security clearance. Disqualifying conditions cited included AG ¶ 24(a), AG ¶ 24(f), and AG ¶ 24(g).

Why the Applicant Was Denied

The applicant has used marijuana since 1968, including while having access to classified information.
The applicant expressed intent to continue using marijuana in the future, raising doubts about his reliability.
The applicant did not present sufficient evidence to mitigate the security concerns regarding drug involvement.

Conditions Referenced

Disqualifying

AG ¶ 24(a)raisedAny Drug Abuse
AG ¶ 24(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
AG ¶ 24(g)raisedExpressed Intent to Continue Drug Involvement and Substance Misuse, or Failure to Clearly and Convincingly Commit to Discontinue Such Misuse

Key Rule Quoted

“A person who has access to classified information enters into a fiduciary relationship with the Government based on trust and confidence.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedDec 13, 2022
Answer filed—
Hearing held—Applicant requested a decision without a hearing.
Decision dateSep 20, 2023

Cite For

Ongoing Drug Involvement Under Guideline H
Failure to Mitigate Security Concerns Regarding Substance Misuse
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 used marijuana from 1968 until at least January 2022, including while having access to classified information. The applicant's intent to continue using marijuana raised concerns about his judgment and reliability, leading to a decision against him.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana between 1968 and January 2022.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Applicant used marijuana while having access to classified information between June 2014 and January 2022.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.c	Applicant intends to continue using marijuana.	Against Applicant	Stated Intent to Use Again	Not Applicable	Denied	—	—	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.