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ISCR Case 22-02623 — CASE

Case record

ISCR Case 22-02623

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

Case Profile
Decision Date10/25/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionsSee the hearing decision (Case 22-02623) →See the appeal decision (Case 22-02623) →See the appeal decision (Case 22-02623) →See the hearing decision (Case 22-02623) →
Participants
Judge: Darlene Lokey Anderson
Government Counsel: Jeff A. Nagel
Applicant's Counsel: Christopher Snowden
Case Summary
The applicant in this case was a 26-year-old Project Manager employed by a defense contractor, seeking a security clearance. The allegations against him were outlined under Guideline H, concerning Drug Involvement and Substance Abuse. The Statement of Reasons (SOR) indicated that the applicant had a history of using various controlled substances, including marijuana, cocaine, hallucinogenic mushrooms, LSD, and prescription medications not prescribed to him, raising concerns about his reliability and trustworthiness.
During the proceedings, the applicant admitted to most of the allegations in the SOR, except for one regarding the sale of marijuana, which he denied but acknowledged acting as a middleman in a transaction. He stated that he ceased using marijuana in March 2022 upon realizing its potential security implications. The applicant provided letters of recommendation highlighting his professional capabilities and character, although these letters did not address his history of drug use. He also submitted negative drug test results and a statement of intent to abstain from substance misuse in the future.
The administrative judge ruled against the applicant, concluding that his extensive history of drug use, particularly while in a sensitive position, raised significant security concerns. The judge emphasized the importance of trust and reliability in individuals granted access to classified information, ultimately determining that the applicant had not sufficiently mitigated the risks associated with his past behavior.
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. 22-02623

deniedOct 25, 2023· Hon. Darlene Lokey Anderson· hearing

Summary

A 26-year-old defense contractor with a Bachelor's degree was denied a security clearance under Guideline H (Drug Involvement) due to an extensive history of drug use. The Statement of Reasons detailed allegations including the use of controlled substances causing impairment, a history of purchasing and using illegal drugs such as marijuana, cocaine, hallucinogenic mushrooms, LSD, and prescription drugs not prescribed to him.

Specific instances cited included using marijuana while in a sensitive position until at least March 2022, admitting to multiple uses of cocaine and hallucinogenic mushrooms, and using unprescribed prescription medications like Xanax, Tramadol, and Vicodin. The applicant also used LSD on two occasions and admitted to being a middleman in a marijuana transaction.

The denial was based on the applicant's long history of drug abuse, which raised concerns about his reliability and trustworthiness. His continued marijuana use while in a sensitive position demonstrated a disregard for security responsibilities. Ultimately, the applicant's extensive drug use and failure to fully mitigate concerns about his judgment and character led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a long history of drug abuse, including marijuana and cocaine, which raises questions about his reliability and trustworthiness.
He continued to use marijuana while holding a sensitive position, demonstrating a disregard for security responsibilities.
The applicant's extensive drug use and failure to fully mitigate concerns about his judgment and character led to the denial of his security clearance.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Sensitive Position

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 issuedFeb 15, 2023
Answer filedApr 10, 2023
Hearing heldJun 22, 2023
Decision dateOct 25, 2023Decision on remand.

Cite For

Denial Based on Extensive Drug Involvement Under Guideline H
Consideration of Ongoing Drug Use While in a Sensitive Position
Failure to Mitigate Security Concerns Related to Drug Use

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 has a significant history of drug use, including marijuana, cocaine, hallucinogenic mushrooms, LSD, and prescription medications not prescribed to him. The applicant's continued use of marijuana while holding a sensitive position was particularly concerning, leading to a denial of security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant has used controlled substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	—	—	—
1.b	Applicant has an extensive history of purchasing and using illegal drugs including marijuana, cocaine, hallucinogenic mushrooms, LSD, and prescription drugs not prescribed to him.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.c	Applicant used marijuana while holding a sensitive position until at least March 2022.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.d	Applicant admitted to using cocaine and hallucinogenic mushrooms on multiple occasions.	Against Applicant	Cocaine	Frequent	Admitted	—	—	—
1.e	Applicant used prescription medications not prescribed to him as a study aid.	Against Applicant	Prescription Other Misuse	Occasional	Admitted	—	—	—
1.f	Applicant used Tramadol on one occasion without a prescription.	Against Applicant	Prescription Other Misuse	Not Applicable	Admitted	—	—	—
1.g	Applicant used Vicodin on one occasion without a prescription.	Against Applicant	Prescription Other Misuse	Not Applicable	Admitted	—	—	—
1.h	Applicant used LSD on two occasions.	Against Applicant	LSD	Occasional	Admitted	—	—	—
1.i	Applicant denied selling marijuana but admitted to being a middleman in a transaction.	Against Applicant	Drug Distribution or Dealing	Not Applicable	Denied	—	—	—
1.j	Applicant used Xanax not prescribed to him on two occasions.	Against Applicant	Benzodiazepine Misuse	Occasional	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.