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ISCR Case 22-01657 — CASE

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ISCR Case 22-01657

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

Case Profile
Decision Date11/15/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert E. Coacher
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 40-year-old individual employed in information technology, seeking a security clearance sponsored by a defense contractor. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline E (Personal Conduct). The core allegations included the applicant's past use and purchase of marijuana from 2015 to 2016 while holding a security clearance, as well as failing to disclose this drug use on his March 2022 security clearance application.
During the proceedings, the applicant admitted to using marijuana during the specified timeframe but denied any intent to falsify information on his application. He explained that he believed his marijuana use was legal under state law and was unaware of the federal prohibition. The applicant testified that he ceased all marijuana use after being informed of its illegality under federal law in August 2016. He provided evidence of his abstinence, including a signed statement of intent to avoid future drug use and character references attesting to his compliance.
The administrative judge ruled in favor of the applicant, concluding that the drug use occurred in the past and did not cast doubt on his current reliability or trustworthiness. The judge found that the applicant had taken significant steps to mitigate the concerns, including establishing a pattern of abstinence and demonstrating a commitment to compliance with federal law. Consequently, the applicant was granted eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 22-01657

grantedNov 15, 2023· Hon. Robert E. Coacher· hearing

Summary

This case involved a 40-year-old information technology professional whose eligibility for a security clearance was reviewed under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). Concerns arose from his admitted marijuana use between November 2015 and August 2016, during which he used marijuana gummies approximately 50-100 times while already holding a security clearance. Additionally, he failed to disclose this past use on his March 2022 security clearance application.

The applicant's past marijuana use and non-disclosure raised disqualifying conditions related to personal conduct and drug involvement. However, several mitigating conditions were applied. The applicant ceased marijuana use upon learning it was illegal under federal law and has maintained abstinence since 2016.

The judge found the applicant's testimony credible, noting his efforts to clarify his reporting responsibilities. Ultimately, the applicant was granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant ceased marijuana use upon learning it was illegal under federal law.
He provided credible testimony and evidence of his efforts to clarify his reporting responsibilities.
He demonstrated a pattern of abstinence from drug use since 2016.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance MisuseThe applicant's past marijuana use raised security concerns.
AG ¶ 25(f)raisedIllegal Drug Use While Holding a ClearanceThe applicant used marijuana while holding a security clearance.

Mitigating

AG ¶ 26(a)appliedBehavior Happened Long AgoThe applicant's last use of marijuana occurred approximately seven years ago.
AG ¶ 26(b)appliedAcknowledgment and Actions TakenThe applicant acknowledged his drug involvement and took action to cease use.
AG ¶ 17(a)appliedPrompt Good-faith Efforts to Correct OmissionThe applicant made efforts to clarify his reporting responsibilities before being confronted.
AG ¶ 17(d)appliedAcknowledgment of Behavior and Steps TakenThe applicant provided a signed statement of intent not to use marijuana in the future.

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 17, 2023
Answer filedMar 20, 2023
Hearing heldSep 14, 2023
Decision dateNov 15, 2023

Cite For

Mitigation of Drug Involvement Under Guideline H
Credibility of Applicant's Testimony Regarding Past Conduct
Consideration of Applicant's Efforts to Clarify Reporting Responsibilities Under Guideline E

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 in favor of the applicant on all allegations under Guideline E, concluding that the applicant mitigated concerns regarding personal conduct related to marijuana use. The applicant's admissions and subsequent actions demonstrated a commitment to change and compliance with legal standards.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant failed to disclose his marijuana use on his March 2022 security clearance application.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Drug Involvement	Denied	—	(a) prompt, good-faith correction before being confronted	Claimed Corrected Falsification Promptly
2.b	Applicant did not list his 2015-2016 marijuana use on his 2022 SCA.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Drug Involvement	Denied	—	(a) prompt, good-faith correction before being confronted	Claimed Corrected Falsification Promptly
2.c	Applicant's marijuana use created a vulnerability to exploitation.	For Applicant	Questionable Judgment General	—	Denied	—	(e) positive steps to reduce vulnerability to exploitation	—

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 and purchased marijuana from November 2015 to about August 2016, while granted access to classified information. However, the judge concluded that the applicant mitigated the drug involvement concerns due to his cessation of use and a signed statement of intent not to use marijuana in the future. The decision was granted in favor of the applicant.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used and purchased marijuana from November 2015 to about August 2016, while granted access to classified information.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.b	Applicant used marijuana in the form of gummies approximately 50-100 times during that timeframe.	For 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.