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ISCR Case 23-00347 — CASE

Case record

ISCR Case 23-00347

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

Case Profile
Decision Date1/10/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Aubrey M. DeAngelis
Case Summary
The applicant in this case was a 49-year-old individual who sought a security clearance and was evaluated under Guideline H, concerning drug involvement and substance misuse. The Department of Defense issued a Statement of Reasons (SOR) on March 22, 2023, citing concerns related to the applicant's use of THC, which he acknowledged was illegal under federal law despite being prescribed for medical purposes in his state. The SOR detailed the applicant's admissions regarding his use and purchase of THC from May 2021 onward, as well as his intention to continue this use.
The applicant admitted to using THC and stated that he obtained it legally under state law for medical reasons, specifically to manage anxiety and sleep issues. He did not participate in drug counseling or treatment and had not been diagnosed with drug abuse or dependency. The applicant's failure to respond to the Government's file of relevant material (FORM) meant that no additional mitigating information was provided. The administrative judge found that the applicant's continued use of THC, despite its illegality under federal law, raised significant concerns about his reliability and trustworthiness.
Ultimately, the administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns associated with his drug involvement. The judge determined that the applicant's admissions and expressed intent to continue using THC did not align with the expectations of compliance with laws and regulations necessary for national security eligibility. As a result, the applicant's request for access to classified information was denied.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-00347

deniedJan 10, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 49-year-old applicant with bachelor's and master's degrees was denied a security clearance under Guideline H (Drug Involvement) due to admitted substance misuse. The Statement of Reasons alleged that the applicant used THC with varying frequency from May 2021 to the present and intended to continue its use and purchase in the future. The applicant acknowledged that his THC use is illegal under federal law.

Disqualifying conditions under Adjudicative Guideline paragraphs 25(a), 25(c), and 25(g) were raised. The judge found that the applicant admitted to using THC, which is prohibited under federal law, and expressed an intent to continue this use despite the federal prohibition.

Ultimately, the applicant failed to provide evidence of actions taken to overcome his drug involvement. Consequently, the judge determined that the applicant did not mitigate the security concerns, leading to the denial of his security clearance application.

Why the Applicant Was Denied

The applicant admitted to using THC, which is illegal under federal law.
He expressed intent to continue using THC despite its prohibition under federal law.
The applicant failed to provide evidence of actions to overcome his drug involvement.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 22, 2023
Answer filedJun 6, 2023
Hearing held—Decided on the written record.
Decision dateJan 10, 2024

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Failure to Mitigate Security Concerns Related to Illegal Drug Use
Expressed Intent to Continue Illegal Drug Use as a Disqualifying 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: Decision on RecordDecided: denied

The judge found that the applicant's use of THC raised significant security concerns under Guideline H. The applicant's admissions regarding his ongoing use and intention to continue using THC were deemed insufficient to mitigate these concerns, resulting in a denial of the application.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used THC with varying frequency from May 2021 to the present.	Against Applicant	Marijuana	Frequent	Admitted	—	—	—
1.b	Applicant intended to continue to use and purchase THC in the future.	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	—	—
1.c	Applicant acknowledged his use of THC is illegal under federal law.	Against Applicant	Unspecified Drug Involvement	Unspecified	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.