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ISCR Case 23-00597 — CASE

Case record

ISCR Case 23-00597

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

Case Profile
Decision Date5/21/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionsSee the appeal decision (Case ISCR Case No. 23-00597) →See the hearing decision (Case 23-00597) →
Participants
Applicant Representation: Pro Se
Judge: Roger C. Wesley
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 48-year-old employee of a defense contractor seeking a security clearance. The adjudicative guidelines at issue were related to drug involvement and substance abuse, as well as personal conduct. The Statement of Reasons (SOR) outlined several allegations, including the applicant's history of methamphetamine use in the Navy, a positive drug test for THC leading to an Other Than Honorable discharge, and subsequent marijuana cultivation and hallucinogenic mushroom use.
During the proceedings, the applicant admitted to all allegations without providing substantial explanations or clarifications. He expressed remorse for his past drug use, claimed that his marijuana use was limited to social situations, and stated that his involvement in marijuana cultivation was primarily financial. He also mentioned that he had not engaged in any illegal drug activities since August 2022 and was committed to abstaining from drugs in the future.
The administrative judge ruled against the applicant, concluding that he did not mitigate the security concerns related to drug involvement and substance abuse. While personal conduct concerns were favorably resolved, the judge determined that the applicant's past drug use and lack of evidence demonstrating rehabilitation or counseling were significant factors in denying his eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-00597

deniedMay 21, 2024· Hon. Roger C. Wesley· hearing

Summary

A 48-year-old defense contractor was denied a security clearance due to unmitigated concerns under Guideline H (Drug Involvement). The applicant's history included methamphetamine use from June to December 1995, and marijuana use from 2009 to 2010. Additionally, the applicant was discharged from the U.S. Navy under Other Than Honorable conditions in April 1996 after testing positive for tetrahydrocannabinol (THC).

More recent drug involvement included assisting with marijuana cultivation in his home from July 2021 to August 2022, and using hallucinogenic mushrooms from March to May 2022. These actions raised disqualifying conditions related to drug involvement.

While concerns under Guideline E (Personal Conduct) were favorably resolved, the administrative judge found that the applicant did not provide sufficient evidence of sustained abstinence from illegal drug use. Consequently, the applicant was denied eligibility for access to classified information.

Why the Applicant Was Denied

The applicant's history of drug use, including methamphetamine and marijuana, raised significant security concerns.
The applicant's discharge from the Navy under Other Than Honorable conditions due to a positive THC test contributed to the denial.
The applicant failed to provide sufficient evidence of sustained abstinence from illegal drug use to mitigate the concerns.

Conditions Referenced

Disqualifying

DC ¶ 25(a)appliedAny Substance Misuse
DC ¶ 25(c)appliedIllegal Possession of a Controlled Substance

Key Rule Quoted

“Eligibility for access to classified information may only be granted "upon a finding that it is clearly consistent with the national interest to do so."”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960)

Procedural Posture

SOR issuedJun 14, 2023
Answer filedJul 11, 2023
Hearing heldDec 19, 2023
Decision dateMay 21, 2024

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Importance of Sustained Abstinence From Illegal Drug Use for Mitigation
Consideration of Personal Conduct in Relation to Drug Use Allegations

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 multiple instances of drug involvement and substance misuse, including the use of methamphetamines, marijuana, and hallucinogenic mushrooms, as well as involvement in the cultivation of marijuana. The judge concluded that these concerns were not mitigated, resulting in a denial of eligibility for access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	used methamphetamines with varying frequency from approximately June 1995 through approximately December 1995	Against Applicant	Methamphetamine	Experimental	Admitted	—	—	Claimed Acknowledgment and Remorse
1.b	was discharged from the U.S Navy under Other Than Honorable Conditions in April 1996, after testing positive for tetrahydrocannabinol (THC)	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.c	used marijuana with varying frequency from approximately 2009 through approximately 2010	Against Applicant	Marijuana	Experimental	Admitted	—	—	Claimed Acknowledgment and Remorse
1.d	assisted with the cultivation of marijuana in his home from approximately July 2021 through approximately August 2022	Against Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	Claimed Acknowledgment and Remorse
1.e	used hallucinogenic mushrooms with varying frequency from approximately March 2022 through approximately May 2022	Against Applicant	Psilocybin	Experimental	Admitted	—	—	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.