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ISCR Case 22-00650 — CASE

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ISCR Case 22-00650

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

Case Profile
Decision Date3/15/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert Robinson Gales
Government Counsel: Brian L. Farrell
Applicant's Counsel: Stephen H. Jones
Case Summary
The applicant in this case was a 54-year-old employee of a defense contractor who sought a security clearance after previously holding a secret clearance in 2011. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing concerns under Guideline H regarding drug involvement and substance misuse. The SOR detailed the applicant's positive drug test for marijuana in April 2021, which occurred despite her awareness of her employer's no-drug policy and the federal illegality of marijuana use.
During the hearing, the applicant admitted to the allegations of drug involvement and explained that her use of marijuana was an attempt to manage chronic pain from various medical conditions. She testified about her medical history and the treatments she had pursued, including consultations with multiple specialists. The applicant expressed remorse for her decision to use marijuana and indicated that she had ceased its use immediately after the positive test. Subsequent random drug tests conducted by her employer returned negative results.
The administrative judge ruled in favor of the applicant, concluding that she successfully mitigated the security concerns related to her drug involvement. The judge found her testimony credible and consistent, noting her proactive steps to address her substance misuse and her commitment to avoiding illegal substances in the future. As a result, the judge granted the applicant eligibility for a security clearance, determining that it was clearly consistent with the national interest.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 22-00650

grantedMar 15, 2024· Hon. Robert Robinson Gales· hearing

Summary

A 54-year-old logistics coordinator for a defense contractor was granted a security clearance despite concerns under Guideline H (Drug Involvement). The applicant's Statement of Reasons cited a positive marijuana test on April 26, 2021, and her admission to using marijuana to manage chronic pain. These actions raised disqualifying conditions related to drug involvement.

However, the administrative judge applied mitigating conditions, noting the applicant's sustained abstinence from drug use since April 2021. The applicant also demonstrated a commitment to complying with federal laws concerning drug use.

The judge found the applicant's explanations for her past drug use credible and consistent. Ultimately, it was determined that her previous actions no longer raised doubts about her reliability and trustworthiness, leading to the granting of her security clearance.

Why the Applicant Prevailed

The applicant has maintained abstinence from drug use since April 2021.
The applicant demonstrated a commitment to compliance with federal laws regarding drug use.
The applicant's explanations regarding her past drug use were found credible and consistent.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position

Mitigating

AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good Judgment
AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of Abstinence

Key Rule Quoted

“"The illegal use of controlled substances... can raise questions about an individual's reliability and trustworthiness..."”

Procedural Posture

SOR issuedSep 16, 2022
Answer filedOct 7, 2022
Hearing heldMar 4, 2024via Microsoft Teams
Decision dateMar 15, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Credibility of Applicant's Explanations Regarding Past Substance Use
Pattern of Abstinence as a Mitigating Factor in Security Clearance Cases

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 tested positive for marijuana and admitted to using it to alleviate chronic pain. Despite these concerns, the judge concluded that the applicant's actions were aberrant behavior and granted her eligibility for a security clearance, citing her candidness and commitment to abstain from future drug use.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant tested positive for marijuana on April 26, 2021.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.b	Applicant admitted to using marijuana to alleviate chronic pain.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (c) prescription abuse followed a prolonged illness and has since ended	Claimed Acknowledgment and Remorse

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.