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ISCR Case 23-00344 — CASE

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ISCR Case 23-00344

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

Case Profile
Decision Date7/9/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Braden M. Murphy
Government Counsel: Patricia M. Lynch-Epps
Case Summary
The applicant in this case was a 25-year-old individual who graduated with a bachelor's degree in computer science in December 2022. He applied for a security clearance in September 2022, shortly before graduating, and was subsequently issued a Statement of Reasons (SOR) by the Department of Defense (DOD) on March 28, 2023, citing concerns under Guideline H regarding drug involvement and substance misuse. The core allegation was that the applicant had used marijuana on three occasions during and shortly after college, specifically in 2022.
During the proceedings, the applicant admitted to the use of marijuana and Delta-8/THC, asserting that he used these substances in moderation and primarily for relaxation. He indicated that he had ceased using marijuana in December 2022 to maintain his eligibility for a security clearance and expressed a willingness to comply with federal law regarding drug use. The applicant's employer had a drug policy that he believed allowed for recreational use outside of work, although he acknowledged that marijuana remains illegal under federal law. He had not been charged with any drug-related offenses and had not undergone any drug counseling or treatment.
The administrative judge ruled in favor of the applicant, granting his eligibility for access to classified information. The judge found that the applicant had provided sufficient evidence to mitigate the security concerns related to his past drug use. The decision emphasized the applicant's acknowledgment of the legal implications of his drug use, his cessation of use in light of the clearance application, and his commitment to comply with federal law moving forward.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-00344

grantedJul 9, 2024· Hon. Braden M. Murphy· hearing

Summary

A 25-year-old recent graduate was granted a security clearance despite concerns under Guideline H (Drug Involvement). The applicant admitted to using marijuana on three occasions in 2022, during and shortly after college. These allegations raised disqualifying conditions AG ¶ 25(a) and AG ¶ 25(g).

However, the decision applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b)(1), and AG ¶ 26(b)(2). The applicant acknowledged his past drug use and expressed a firm commitment to abstain from future use. His infrequent use occurred during a transitional period following college graduation.

The applicant further demonstrated mitigation by disassociating from drug-using associates and showing a clear understanding of his employer's drug policy. The judge found these actions sufficient to mitigate the concerns, emphasizing compliance with federal law regarding drug use, and ultimately granted the security clearance.

Why the Applicant Prevailed

The applicant acknowledged his past drug use and expressed a commitment to abstain from future use.
His infrequent drug use occurred during a transitional period shortly after college graduation.
The applicant disassociated from drug-using associates and demonstrated an understanding of his employer's drug policy.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
AG ¶ 26(b)(1)appliedAcknowledgment of Drug Involvement and Actions Taken to Overcome It
AG ¶ 26(b)(2)appliedDisassociation From Drug-using Associates

Key Rule Quoted

“The illegal use or misuse of controlled substances can raise security concerns about an individual's reliability and trustworthiness to access classified information.”
— 2021 DNI Memo

Procedural Posture

SOR issuedMar 28, 2023
Answer filedApr 3, 2023
Hearing heldMar 19, 2024via online platform
Decision dateJul 9, 2024

Cite For

Mitigation of Drug Use Under Guideline H
Importance of Compliance with Federal Law Regarding Drug Use
Disassociation From Drug-using Associates as a Mitigating Factor

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 used marijuana on three occasions during 2022, which he admitted in his response to the Statement of Reasons (SOR). The judge concluded that the applicant's infrequent drug use during college does not cast doubt on his current judgment and trustworthiness, and granted him a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana on three occasions during and shortly after college, in 2022.	For Applicant	Marijuana	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Claimed Acknowledgment and Remorse Claimed Substance Treatment Completed

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.