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ISCR Case 23-00591 — CASE

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ISCR Case 23-00591

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

Case Profile
Decision Date2/15/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Nicole A. Smith
Case Summary
The applicant in this case was a 43-year-old individual who had been employed by a federal contractor since January 2018. He faced security concerns under Guideline H, which pertains to drug involvement and substance misuse, as outlined in a Statement of Reasons issued by the Department of Defense on June 1, 2023. The core allegation was the applicant's use of medical cannabis from March 2022 until April 2023, which he acknowledged was illegal under federal law, despite being legal in his state.
The applicant admitted to the sole allegation in the Statement of Reasons, stating that he used medical marijuana for a diagnosed health condition and intended to continue its use as prescribed by his healthcare provider. He provided documentation supporting his medical use and expressed his understanding of the conflict between state and federal law. However, the administrative judge found that the applicant's continued intent to use marijuana, despite its illegality under federal law, raised significant security concerns. The judge determined that the mitigating conditions did not apply, as the applicant's behavior was ongoing and he had not established a pattern of abstinence.
Ultimately, the administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to drug involvement and substance misuse. The decision emphasized that the protection of national security was paramount, and any doubt regarding the applicant's eligibility must be resolved in favor of national security. Consequently, the applicant's eligibility 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. 23-00591

deniedFeb 15, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 43-year-old federal contractor was denied a security clearance under Guideline H (Drug Involvement) due to his ongoing use of medical marijuana. The applicant acknowledged that his marijuana use, though legal in his state and prescribed for medical purposes, remains illegal under federal law.

The denial was based on the applicant's failure to mitigate security concerns related to drug involvement and substance misuse. Specifically, the applicant's continued use of marijuana despite its federal illegality, and his stated intent to continue this use, were central to the decision. He did not demonstrate a commitment to abstain from drug involvement, nor did he provide sufficient evidence of rehabilitation or a pattern of abstinence.

The judge found that the applicant failed to mitigate the security concerns outlined in the Statement of Reasons, specifically allegation 1.a, which cited his failure to mitigate Guideline H concerns. Disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(g) were raised in the decision.

Why the Applicant Was Denied

The applicant's continued use of marijuana despite its federal illegality raised significant security concerns.
He acknowledged his intent to continue using marijuana, which did not demonstrate a commitment to abstain from drug involvement.
The applicant failed to provide sufficient evidence of rehabilitation or a pattern of abstinence.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(g)appliedExpressed Intent to Continue Drug Involvement

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedJun 1, 2023
Answer filedJul 12, 2023
Hearing held—Decided on written record.
Decision dateFeb 15, 2024

Cite For

Denial of Security Clearance Due to Ongoing Drug Involvement Under Guideline H
Impact of Federal Law on State-legal Medical Marijuana Use
Failure to Demonstrate Commitment to Abstain From Illegal Drug Use

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 medical marijuana, while legal under state law, raised security concerns under federal law. The applicant admitted to using marijuana two to four times a week for medical purposes and expressed intent to continue its use, which the judge concluded failed to mitigate the concerns. The outcome of the case was denied.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant failed to mitigate the Guideline H, drug involvement and substance misuse security concerns.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended (d) satisfactory completion of treatment with a favorable prognosis	Claimed Voluntary Disclosure Before Confrontation

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.