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ISCR Case 23-00643 — CASE

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ISCR Case 23-00643

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

Case Profile
Decision Date2/1/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Marc E. Curry
Government Counsel: Jeff Kent
Case Summary
The applicant in this case was a 35-year-old technical writer for a defense contractor who sought a security clearance. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H, related to drug involvement, specifically the applicant's illegal use of marijuana. The SOR detailed the applicant's history of recreational marijuana use and his subsequent prescription use for chronic arthritis, depression, anxiety, and panic attacks, while also noting his intent to continue using marijuana.
The applicant admitted to the allegations in the SOR and did not provide a response to the government's evidence. He acknowledged using marijuana recreationally about ten times between 2007 and 2021 and began using it medically in 2021. The administrative judge found that the applicant's intent to continue using marijuana, despite its illegal status under federal law, triggered disqualifying conditions that could not be mitigated.
Ultimately, the administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to his drug involvement. The judge emphasized that the applicant's expressed intent to continue using marijuana was a significant factor in the decision, determining that granting security clearance was not consistent with national security interests.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-00643

deniedFeb 1, 2024· Hon. Marc E. Curry· hearing

Summary

A 35-year-old technical writer was denied a security clearance under Guideline H (Drug Involvement) due to his admitted illegal marijuana use and stated intent to continue using it. The applicant had used marijuana recreationally approximately ten times between 2007 and 2021. In 2021, he began purchasing marijuana via a physician’s prescription, citing chronic pain management.

However, the administrative judge found that the applicant's intent to continue using marijuana, despite its illegality under federal law, raised significant security concerns. This ongoing intent prevented the application of any mitigating conditions.

The applicant's history of drug involvement and his stated future intent led to questions regarding his reliability and trustworthiness, ultimately resulting in the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to illegal marijuana use and expressed intent to continue its use despite its illegality under federal law.
The applicant's history of drug involvement raised questions about his reliability and trustworthiness.
None of the mitigating conditions applied due to the applicant's stated intent to continue using marijuana.

Conditions Referenced

Disqualifying

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

Key Rule Quoted

“The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness.”
— AG ¶ 24

Procedural Posture

SOR issuedMar 28, 2023
Answer filedApr 3, 2023Applicant requested a decision based on the evidence on file.
Hearing held—Applicant did not request a hearing.
Decision dateFeb 1, 2024

Cite For

Security Concerns Regarding Illegal Drug Use Under Guideline H
Impact of Expressed Intent to Continue Illegal Drug Use on Security Clearance Eligibility
Consideration of the Whole-person Concept in Security Clearance Decisions

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 against the applicant on all allegations related to drug involvement, specifically marijuana use. The applicant's history of recreational use and intent to continue using marijuana despite its illegality under federal law raised significant security concerns, leading to a denial of the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana recreationally about ten times between 2007 and 2021.	Against Applicant	Marijuana	Occasional	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	In 2021, Applicant began purchasing marijuana through a physician’s prescription.	Against Applicant	Marijuana	Not Applicable	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	Applicant intends to continue using marijuana in the future.	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	(g) expressed intent to continue, or failure to commit to discontinue	—	—

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.