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ISCR Case 22-01689 — CASE

Case record

ISCR Case 22-01689

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

Case Profile
Decision Date3/30/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: David M. White
Government Counsel: Aubey M. De Angelis
Case Summary
The applicant in this case was a 31-year-old individual seeking a security clearance in connection with a potential position at a government contracting company. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H (Drug Involvement and Substance Misuse) due to the applicant's history of purchasing and using marijuana from January 2010 through at least January 2022, as well as her expressed intent to continue using marijuana in the future.
The applicant admitted to the allegations in the SOR, confirming her illegal use of THC/marijuana and her positive drug test in February 2021. She stated that she had obtained a Medical Cannabis Card in January 2021 and continued to use marijuana legally until January 2022. However, she expressed a desire to resume using medical marijuana for health benefits, indicating a lack of commitment to abstain from drug use if required for her job. The administrative judge found that the applicant did not provide sufficient evidence to mitigate the security concerns, as she had not established a pattern of abstinence, changed her associations, or participated in any drug treatment programs.
Ultimately, the administrative judge ruled against the applicant, denying her national security eligibility. The decision emphasized that the applicant's long history of drug use, her failure to demonstrate a clear commitment to discontinue such behavior, and the absence of mitigating evidence led to the conclusion that granting her security clearance would pose a risk to national security.
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.
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Case Headnote

ISCR Case No. 22-01689

deniedMar 30, 2023· Hon. David M. White· hearing

Summary

A 31-year-old unmarried woman was denied a security clearance under Guideline H (Drug Involvement) due to her extensive history of marijuana use and her stated intention to continue using it. The Statement of Reasons detailed her purchase and use of marijuana from January 2010 through at least January 2022, and her expressed intent for future use. Additionally, she tested positive for marijuana on a random urinalysis conducted by her employer in February 2021.

The decision cited several disqualifying conditions, including those related to drug involvement and substance misuse. The judge determined that the applicant failed to mitigate security concerns, specifically her long-term drug use and her lack of commitment to cease.

The denial was based on the applicant's failure to demonstrate a clear and convincing commitment to discontinue substance misuse. Her expressed intent to continue using marijuana raised significant doubts about her reliability and trustworthiness. Furthermore, she did not provide any evidence of rehabilitation or participation in a drug treatment program.

Why the Applicant Was Denied

The applicant failed to demonstrate a clear and convincing commitment to discontinue her long-term substance misuse.
She expressed intent to continue using marijuana, which raised doubts about her reliability and trustworthiness.
The applicant did not provide evidence of rehabilitation or participation in a drug treatment program.

Conditions Referenced

Disqualifying

AG ¶ 24raisedDrug Involvement and Substance Misuse
AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(b)appliedTesting Positive for an Illegal Drug
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(g)appliedExpressed Intent to Continue Drug Involvement

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedSep 16, 2022
Answer filedOct 7, 2022Requested decision on the written record without a hearing.
Hearing held—Case decided without a hearing.
Decision dateMar 30, 2023

Cite For

Failure to Mitigate Drug Involvement Under Guideline H
Importance of Commitment to Abstain From Illegal Drug Use
Impact of Expressed Intent to Continue Substance Misuse on Security Clearance Eligibility

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's drug involvement, specifically her purchase and use of marijuana from January 2010 through at least January 2022, raised significant security concerns. The applicant admitted to the allegations but failed to provide sufficient mitigation, leading to a denial of her security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant failed to mitigate the security concerns raised under the guideline for drug involvement and substance misuse, relating to her purchase and use of marijuana from January 2010 through at least January 2022, and her expressed intent to continue using marijuana in the future.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Applicant tested positive for marijuana on a random urinalysis conducted by her employer in February 2021.	Against Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
1.c	Applicant expressed intent to continue drug involvement and substance misuse.	Against Applicant	Stated Intent to Use Again	Not Applicable	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.