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ISCR Case 23-00869 — CASE

Case record

ISCR Case 23-00869

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

Case Profile
Decision Date1/2/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Matthew E. Malone
Government Counsel: Adrienne M. Driskill
Case Summary
The applicant in this case was a 27-year-old software engineer employed by a federal contractor, seeking eligibility for access to classified information. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing security concerns under Guideline H (Drug Involvement and Substance Misuse) due to the applicant's past use of illegal drugs, including marijuana, hallucinogenic mushrooms, and LSD, as well as his expressed intention to continue using these substances.
The applicant admitted to using marijuana multiple times a week and hallucinogenic mushrooms between 2017 and 2023, and he acknowledged using LSD once in 2020. He stated that his drug use did not reflect on his trustworthiness and expressed a firm intention to continue using these substances, claiming they were integral to his artistic process. The applicant did not provide any mitigating information or evidence to counter the government's concerns regarding his drug use.
The administrative judge ruled against the applicant, concluding that he did not mitigate the security concerns raised by his ongoing drug use and his disregard for federal law. The judge emphasized that the applicant's actions raised significant doubts about his judgment and suitability for access to classified information, ultimately denying his request for a security clearance based on the need to protect national interests.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-00869

deniedJan 2, 2024· Hon. Matthew E. Malone· hearing

Summary

A 27-year-old software engineer was denied a security clearance under Guideline H (Drug Involvement) due to his admitted and ongoing use of illegal substances. The applicant acknowledged using marijuana multiple times a week from May 2017 through at least June 2023, and hallucinogenic mushrooms between December 2017 and at least April 2023. He also reported a single instance of LSD use in 2020.

A primary concern was the applicant's stated intention to continue using both marijuana and hallucinogenic mushrooms. This intention, coupled with his admitted history of drug use, raised significant questions about his judgment, reliability, and trustworthiness.

The denial was based on the applicant's disregard for federal laws concerning illegal drug use and his expressed intent to persist in such activities. These factors led to the conclusion that the applicant did not meet the necessary security clearance standards.

Why the Applicant Was Denied

The applicant admitted to using marijuana multiple times a week and hallucinogenic mushrooms regularly until at least June 2023.
He expressed an unwavering intention to continue using illegal drugs, which raised concerns about his judgment and reliability.
The applicant's disregard for federal laws regarding drug use was a significant factor in the denial.

Conditions Referenced

Disqualifying

AG ¶ 24raisedDrug Involvement
AG ¶ 25(a)appliedAny Drug Abuse
AG ¶ 25(c)appliedIllegal Drug Possession
AG ¶ 25(g)appliedExpressed Intent to Continue Drug Involvement

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedJun 14, 2023
Answer filed—
Hearing held—Applicant requested a decision without a hearing.
Decision dateJan 2, 2024

Cite For

Denial of Security Clearance Due to Ongoing Illegal Drug Use Under Guideline H
Impact of Expressed Intent to Continue Illegal Drug Use on Security Clearance Eligibility
Importance of Compliance with Federal Laws Regarding Drug Use in Security Clearance Determinations.

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 used marijuana multiple times a week, hallucinogenic mushrooms over several years, and LSD once in 2020. The applicant expressed an intention to continue using these substances, which raised significant concerns about his judgment and suitability for clearance, leading to a denial of his application.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana multiple times a week between May 2017 and at least June 2023.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Applicant used hallucinogenic mushrooms between December 2017 and at least April 2023.	Against Applicant	Psilocybin	Regular	Admitted	—	—	—
1.c	Applicant used LSD once in 2020.	Against Applicant	LSD	Experimental	Admitted	—	—	—
1.d	Applicant intends to continue his use of marijuana and hallucinogenic mushrooms.	Against Applicant	Stated Intent to Use Again	Not Applicable	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.