CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 22-02341 — CASE

Case record

ISCR Case 22-02341

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

Case Profile
Decision Date11/15/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Pamela C. Benson
Government Counsel: Daniel O'Reilly
Applicant's Counsel: Carl Anthony Marrone
Case Summary
The applicant in this case was a 36-year-old software engineer who applied for a Department of Defense (DOD) security clearance on May 1, 2022. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) on December 19, 2022, citing concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline J (Criminal Conduct). The SOR detailed allegations of the applicant's past drug use, including marijuana, mushrooms, opiates, and cocaine, as well as two drug-related arrests.
During the proceedings, the applicant admitted to all allegations in the SOR and provided testimony regarding his past drug use, which he characterized as having occurred during a period of personal challenges. He indicated that he last used marijuana in March 2022 and had since refrained from any illegal drug use. The applicant presented evidence of his positive changes, including a drug test showing no illegal substances and numerous character references attesting to his integrity and work performance.
The administrative judge ruled in favor of the applicant, concluding that he successfully mitigated the security concerns associated with his past drug involvement and criminal conduct. The judge noted the applicant's proactive steps to address his past behavior, his current employment status, and the support from colleagues and friends, ultimately granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
- Guideline JCriminal Conduct · For 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. 22-02341

grantedNov 15, 2023· Hon. Pamela C. Benson· hearing

Summary

A 36-year-old software engineer with a bachelor's degree in computer science was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant admitted to past drug use, including marijuana from September 2006 to March 2022, mushrooms from February 2020 to August 2021, and opiates and cocaine in 2012.

Additionally, the applicant had a November 2014 arrest for possession of marijuana and drug paraphernalia, and a February 2012 charge for possession of THC and drug paraphernalia. These issues raised disqualifying conditions under the guidelines.

However, the applicant successfully mitigated these concerns. He demonstrated significant personal growth and maturity since his last drug use in March 2022, provided a signed statement of intent to abstain from illegal drugs, and submitted positive character references from peers and employers supporting his rehabilitation. The judge found these mitigating factors sufficient, and the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated significant personal growth and maturity since his last drug use in March 2022.
He provided a signed statement of intent to refrain from using illegal drugs in the future.
Positive character references from peers and employers supported his rehabilitation efforts.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Actions to Overcome Substance Misuse
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(b)appliedNo Longer Pressured Into Criminal Acts
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 19, 2022
Answer filedJul 1, 2022
Hearing heldAug 17, 2023conducted via Microsoft Teams
Decision dateNov 15, 2023

Cite For

Mitigation of Drug Involvement Under Guideline H
Successful Rehabilitation in Criminal Conduct Cases
Importance of Personal Growth and Character References in Security Clearance Decisions.

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: granted

The judge found that the applicant had a history of drug use, including marijuana, mushrooms, opiates, and cocaine, but determined that the applicant had not used any illegal drugs since March 2022 and had taken steps to abstain from future use. The applicant's admissions and evidence of rehabilitation led to a decision to grant the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from September 2006 to March 2022.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.b	Applicant used mushrooms from February 2020 to August 2021.	For Applicant	PsilocybinWHILE CLEARED	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.c	Applicant used opiates in 2012.	For Applicant	Prescription Opioid MisuseWHILE CLEARED	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.d	Applicant used cocaine in 2012.	For Applicant	CocaineWHILE CLEARED	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.e–1.f	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified		—	—	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found in favor of the applicant regarding the criminal conduct allegations. The applicant admitted to the allegations of drug-related offenses but demonstrated significant mitigation through abstinence and a commitment to refrain from illegal drug use in the future. The judge concluded that the applicant's past conduct does not pose a current risk to national security, resulting in a granted security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.e	In November 2014, Applicant was arrested for possession of marijuana and drug paraphernalia.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(b) pressured/coerced and unlikely to recur absent that pressure (c) no reliable evidence the individual committed the offense	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.f	In February 2012, Applicant was charged with possession of THC and drug paraphernalia.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(b) pressured/coerced and unlikely to recur absent that pressure (c) no reliable evidence the individual committed the offense	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
2.a	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.