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ISCR Case 22-01944 — CASE

Case record

ISCR Case 22-01944

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

Case Profile
Decision Date6/2/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Candace Le'i Garcia
Government Counsel: A. H. Henderson
Case Summary
The applicant in this case was a 25-year-old engineer working for a Department of Defense (DOD) contractor, who sought a security clearance but faced allegations under Guideline H concerning drug involvement. The Statement of Reasons (SOR) issued on December 7, 2022, outlined concerns related to the applicant's history of using marijuana, hallucinogens, and stimulants not prescribed to him, as well as his expressed intent to continue such drug use.
The applicant admitted to all allegations in the SOR, detailing his use of marijuana from 2014 to 2022, hallucinogens from 2014 to 2021, and stimulants from 2017 to 2020. He claimed that his drug use did not impair his academic or professional performance and intended to continue using marijuana and hallucinogens for their perceived benefits. However, he did not provide evidence of rehabilitation or a commitment to abstain from drug use, nor did he respond to the Government's formal case after receiving the relevant materials.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to drug involvement. The judge noted the recency of the applicant's drug use, his ongoing associations with drug users, and the lack of a commitment to abstain, which raised doubts about his reliability and trustworthiness. Consequently, the applicant's eligibility for access to classified information was denied.
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. 22-01944

deniedJun 2, 2023· Hon. Candace Le'i Garcia· hearing

Summary

A 25-year-old engineer was denied a security clearance under Guideline H (Drug Involvement) due to admitted and intended drug use. The applicant acknowledged using marijuana from approximately September 2014 to October 2022, hallucinogens (psilocybin mushrooms and LSD) from October 2014 to December 2021, and unprescribed stimulants (Adderall and Vyvanse) from October 2017 to November 2020.

Disqualifying conditions were raised based on the applicant's admitted drug involvement, including the use of illegal drugs and the expressed intent to continue such use. The judge found that the applicant's drug use was recent and that he had not provided a signed statement of intent to abstain from future drug involvement.

Furthermore, the applicant continued to associate with individuals who use drugs. These factors collectively led to the determination that insufficient mitigation existed, resulting in the denial of eligibility for access to classified information.

Why the Applicant Was Denied

The applicant admitted to using marijuana, hallucinogens, and stimulants, with intentions to continue their use.
The applicant's drug use was recent and he did not provide a signed statement of intent to abstain from drug involvement.
The applicant continued to associate with individuals who use drugs.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(g)raisedIntent to Continue Drug Involvement

Key Rule Quoted

“The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness.”

Procedural Posture

SOR issuedDec 7, 2022
Answer filedJan 24, 2023Applicant elected to have the case decided on the written record.
Hearing held—Case decided on the written record.
Decision dateJun 2, 2023

Cite For

Denial of Security Clearance Due to Recent Drug Involvement
Insufficient Mitigation of Drug Use Concerns
Importance of Intent to Abstain From Drug Use in Security Clearance Evaluations

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 against the applicant on all allegations related to drug involvement, including the use of marijuana, hallucinogens, and stimulants not prescribed to him. The applicant admitted to the allegations but did not establish sufficient mitigating conditions to warrant a favorable decision.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from approximately September 2014 to October 2022.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Applicant also used hallucinogens, including psilocybin mushrooms and LSD, with varying frequency from approximately October 2014 to December 2021.	Against Applicant	DMT or Other Hallucinogen	Occasional	Admitted	—	—	—
1.c	Applicant used stimulants not prescribed to him, including Adderall and Vyvanse, with varying frequency from approximately October 2017 to November 2020.	Against Applicant	Prescription Stimulant Misuse	Occasional	Admitted	—	—	—
1.d–1.e	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

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.