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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 Date2/15/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionsSee the appeal decision (Case 22-02623) →See the hearing 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 Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H, which pertains to drug involvement and substance misuse. The core allegations included the applicant's extensive history of using illegal drugs, including marijuana, cocaine, and various prescription medications not prescribed to him, raising questions 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 claimed to have stopped using marijuana in March 2022 due to its potential security implications and expressed a commitment to abstain from substance misuse in the future. The applicant provided letters of recommendation highlighting his maturity and job performance, along with negative drug test results from multiple dates.
The administrative judge ruled against the applicant, concluding that the evidence presented did not sufficiently mitigate the security concerns raised by his drug involvement. The judge emphasized the importance of maintaining national security and determined that the applicant's past behavior and admissions raised significant doubts about his reliability and trustworthiness, ultimately deciding that granting a security clearance was not clearly consistent with the national interest.
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

deniedFeb 15, 2024· Hon. Darlene Lokey Anderson· hearing

Summary

A 26-year-old Project Manager with a Bachelor's degree in Industrial Engineering was denied a security clearance under Guideline H (Drug Involvement) due to an extensive history of drug use. The Statement of Reasons detailed the applicant's use and purchase of various illegal substances, including cocaine nine times between 2015 and April 2021, hallucinogenic mushrooms three times from 2016 to 2021, and LSD twice in 2017.

Additionally, the applicant used and purchased prescription medications not prescribed to him, such as Adderall and Vyvanse from 2016 to 2018, Tramadol in 2017, Vicodin in 2018, and Xanax in 2015. The applicant also admitted to being a middleman in a marijuana transaction.

The denial was based on the applicant's long history of illegal drug use, including continued marijuana use until March 2022 while employed by a defense contractor. The judge concluded that this extensive drug use demonstrated poor judgment and unreliability, raising serious concerns about the applicant's trustworthiness, despite some evidence of rehabilitation efforts.

Why the Applicant Was Denied

The applicant has a long history of illegal drug use, including marijuana, cocaine, and various prescription medications.
The applicant continued to use marijuana until March 2022, despite being employed by a defense contractor.
The applicant's extensive drug use demonstrates poor judgment and unreliability.

Conditions Referenced

Disqualifying

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

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 15, 2023
Answer filedApr 10, 2023
Hearing heldJun 22, 2023
Decision dateFeb 15, 2024Second decision on remand.

Cite For

Evaluation of Extensive Drug Involvement Under Guideline H
Consideration of the Whole-person Concept in Security Clearance Decisions
Impact of Recent Drug Use on Security Clearance Eligibility

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. Despite the applicant's claims of rehabilitation and intent to abstain from substance misuse, the judge ruled against the applicant on all allegations under Guideline H, resulting in 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 InvolvementWHILE CLEARED	Unspecified	Admitted	—	—	—
1.c	Applicant used and purchased cocaine nine times from about 2015 to April 2021.	Against Applicant	CocaineWHILE CLEARED	Occasional	Admitted	—	—	—
1.d	Applicant used and purchased hallucinogenic mushrooms three times from September 2016 to about March 2021.	Against Applicant	PsilocybinWHILE CLEARED	Experimental	Admitted	—	—	—
1.e	Applicant has used and purchased prescription medications, namely Adderall and Vyvanse not prescribed to him, from about August 2016 to November 2018.	Against Applicant	Prescription Stimulant MisuseWHILE CLEARED	Frequent	Admitted	—	—	—
1.f	Applicant used Tramadol on one occasion in October 2017.	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.g	Applicant used Vicodin on one occasion in about July 2018.	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.h	Applicant used and purchased LSD on two occasions, once in March 2017, and again in May 2017.	Against Applicant	LSDWHILE CLEARED	Occasional	Admitted	—	—	—
1.i	Applicant denied that he ever sold marijuana but admitted to being a middleman in a marijuana transaction.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Denied	—	—	—
1.j	Applicant used and purchased Xanax not prescribed to him on two occasions in about August 2015.	Against Applicant	Benzodiazepine MisuseWHILE CLEARED	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.