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ISCR Case 23-00171 — CASE

Case record

ISCR Case 23-00171

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

Case Profile
Decision Date9/30/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Tara R. Karoian
Case Summary
The applicant in this case was a 31-year-old individual who sought a security clearance and faced allegations under Guideline H, concerning drug involvement and substance misuse. The Department of Defense issued a Statement of Reasons (SOR) on March 29, 2023, citing the applicant's use of tetrahydrocannabinol (THC) and misuse of prescription medications, including Flexeril and Tramadol, as the core issues.
In his response to the SOR, the applicant admitted to all allegations, detailing his use of THC from January to May 2019 and the misuse of his wife's prescriptions in 2021 and 2022. He expressed regret for his actions, acknowledged their inappropriateness, and stated his intention to refrain from using illegal substances in the future. The applicant had not used THC since May 2019 and indicated that he understood the importance of adhering to legal prescriptions for medications.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the security concerns related to drug involvement and substance misuse. The judge noted the significant time elapsed since the applicant's last drug use, his self-disclosure of past behaviors, and his commitment to abstaining from illegal substances. The decision emphasized that the applicant's actions and intentions demonstrated reliability and trustworthiness, leading to the granting of eligibility for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-00171

grantedSep 30, 2023· Hon. Carol G. Ricciardello· hearing

Summary

A 31-year-old high school graduate was granted a security clearance despite concerns under Guideline H (Drug Involvement). The applicant had self-disclosed past use of marijuana from January to May 2019 and the misuse of prescription medications Tramadol and Flexeril without valid prescriptions. These actions raised disqualifying conditions related to drug involvement.

However, the Administrative Judge found that the applicant had taken significant steps to mitigate these concerns. He fully self-disclosed all instances of drug use and misuse, demonstrating a clear intention to abstain from illegal substances in the future.

Crucially, sufficient time had passed since his last drug use, making a recurrence unlikely. Based on these mitigating factors, the Administrative Judge determined that the applicant was eligible for access to classified information.

Why the Applicant Prevailed

The applicant self-disclosed all instances of drug use and misuse of prescription medications.
He demonstrated a clear intention to abstain from illegal substances in the future.
Sufficient time had passed since his last drug use, making recurrence unlikely.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 26(b)appliedAcknowledges Drug Involvement and Has Established a Pattern of Abstinence

Key Rule Quoted

“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”

Procedural Posture

SOR issuedMar 29, 2023
Answer filedApr 12, 2023Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on written record.
Decision dateSep 30, 2023

Cite For

Self-disclosure of Drug Use Under Guideline H
Commitment to Abstain From Illegal Substances as a Mitigating Factor
Application of the Whole-person Concept 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: Decision on RecordDecided: granted

The judge found that the applicant used marijuana and misused medications without a valid prescription. However, the applicant demonstrated sufficient time since last use and expressed a commitment to abstain from illegal drugs in the future, leading to a decision in favor of the applicant.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana on various occasions from January 2019 to May 2019 and misused medications Tramadol and Flexeril without a valid prescription.	For Applicant	Marijuana	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Claimed Acknowledgment and Remorse Documented Abstinence Period Documented
1.b–1.c	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Prescription Other Misuse	Not Applicable		—	—	—

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.