CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 22-01661 — CASE

Case record

ISCR Case 22-01661

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

Case Profile
Decision Date7/28/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case 22-01661) →
Participants
Judge: Mark W. Harvey
Government Counsel: Nicole A. Smith
Applicant's Counsel: Charles S. Elbert
Case Summary
The applicant in this case was a 44-year-old senior manager employed by two Department of Defense (DOD) contractors since 2001. The adjudicative guidelines at issue were related to Guideline H, concerning drug involvement and substance misuse. The Statement of Reasons (SOR) alleged that the applicant had used marijuana and THC-enhanced gummies from approximately 1999 to 2021, including instances after being granted access to classified information.
During the proceedings, the applicant admitted to some of the allegations, specifically the use of marijuana and THC products, while denying others. She provided mitigating information, stating that she had not used marijuana while having access to classified information and had ceased all use in July 2021 due to personal changes. The applicant expressed regret for her past actions and submitted a signed statement of intent to abstain from drug use, along with a negative drug test result from April 2023.
The administrative judge ruled to deny the applicant's eligibility for a security clearance, concluding that the concerns regarding drug involvement and substance misuse were not sufficiently mitigated. The judge emphasized the importance of trust and reliability in individuals with access to classified information and determined that the applicant's past drug use raised significant questions about her compliance with laws and regulations, ultimately deeming her actions inconsistent with national security interests.
Guidelines Evaluated
- 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. 22-01661

deniedJul 28, 2023· Hon. Mark W. Harvey· hearing

Summary

A 44-year-old senior manager was denied a security clearance under Guideline H (Drug Involvement) due to unresolved substance misuse concerns. The Statement of Reasons alleged the applicant used marijuana and THC-enhanced gummies with varying frequency from approximately August 1999 to July 2021. This included use from September 2012 to July 2021, after she had been granted access to classified information. Disqualifying conditions under AG ¶ 25(a) and AG ¶ 25(c) were raised.

While mitigating condition AG ¶ 26(b) was applied, it was insufficient to overcome the security concerns. The applicant admitted to past marijuana use but did not demonstrate a sufficient pattern of abstinence. Her most recent use occurred just 22 months before the hearing, which raised doubts about her reliability and trustworthiness.

Additionally, the applicant's association with her husband, a current marijuana user, was identified as a concern for potential future drug use. Ultimately, the judge found insufficient evidence to alleviate security concerns, emphasizing the need for reliability and trustworthiness for individuals with access to classified information, leading to the denial of her clearance.

Why the Applicant Was Denied

The applicant admitted to past marijuana use and did not demonstrate a sufficient pattern of abstinence.
The applicant's most recent marijuana use occurred just 22 months prior to the hearing, raising doubts about her reliability and trustworthiness.
The applicant's association with a current marijuana user (her husband) was a concern for potential future drug use.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementThe applicant's acknowledgment of past drug use was insufficient to mitigate concerns due to the recency of her use.

Key Rule Quoted

“Once a concern arises regarding an Applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
— Dorfmont v. Brown, 913 F. 2d 1399, 1401 (9th Cir. 1990)

Procedural Posture

SOR issuedNov 7, 2022
Answer filed—
Hearing heldMay 17, 2023
Decision dateJul 28, 2023

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Importance of Demonstrating a Pattern of Abstinence From Substance Misuse
Presumption Against Granting Security Clearance When Concerns Arise

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 marijuana and THC-enhanced gummies with varying frequency from 1999 to 2021. The judge ruled against the applicant for the first allegation regarding marijuana use but found in favor of the applicant for the second allegation, which involved use after being granted access to classified information. Ultimately, the applicant's security clearance was denied due to concerns about drug involvement.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana and took gummies enhanced with tetrahydrocannabinol (THC) with varying frequency from about August 1999 to about July 2021.	Against Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	Claimed Acknowledgment and Remorse
1.b	Applicant used marijuana and took gummies enhanced with THC with varying frequency from about September 2012 to about July 2021, after being granted access to classified information.	For Applicant	MarijuanaWHILE CLEARED	Frequent	Denied	—	—	Claimed Acknowledgment and Remorse

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.