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ISCR Case 23-01035 — CASE

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ISCR Case 23-01035

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

Case Profile
Decision Date5/10/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Edward W. Loughran
Government Counsel: Andrew H. Henderson
Applicant's Counsel: Jeffrey S. Gard
Case Summary
The applicant in this case was a 48-year-old employee of a defense contractor who sought a security clearance after previously holding one from 2004 to 2014. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The core allegations included the applicant's past use of marijuana, which he began using recreationally and for sleep aid after his involvement in the cannabis industry, and his ownership stake in a company that developed products for marijuana growers.
During the proceedings, the applicant admitted to using marijuana but emphasized that he had ceased all drug use since August 2022 and had divested from his cannabis-related business in July 2023. He provided evidence of his strong moral character and job performance, including letters attesting to his reliability and trustworthiness. The applicant also signed a statement of intent to abstain from any future drug involvement, acknowledging that any future misuse could lead to revocation of his security clearance.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the security concerns associated with his past drug involvement. The judge noted the applicant's proactive steps to disassociate from the cannabis industry, his commitment to abstaining from drug use, and the positive character references provided, which collectively demonstrated his reliability and trustworthiness in relation to national security.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-01035

grantedMay 10, 2024· Hon. Edward W. Loughran· hearing

Summary

A 48-year-old defense contractor employee was granted a security clearance after successfully mitigating concerns under Guideline H, related to drug involvement. The applicant acknowledged past marijuana use, which raised disqualifying conditions. However, the administrative judge determined that his conduct no longer cast doubt on his reliability and trustworthiness.

The applicant demonstrated a commitment to abstain from illegal drug involvement by signing a statement of intent. He also terminated his position with a company that provided hardware and software products to the cannabis industry, selling his shares to eliminate any potential conflict of interest, despite never directly handling marijuana in that role.

Furthermore, the applicant provided evidence of strong moral character and job performance, which supported his overall reliability and trustworthiness. These mitigating factors led to the favorable decision, and the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a commitment to abstain from illegal drug involvement by signing a statement of intent.
He terminated his position with a marijuana-related company and sold his shares to eliminate any conflict of interest.
The applicant provided evidence of strong moral character and job performance, which supported his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Actions Taken to Overcome Drug Involvement

Key Rule Quoted

“The illegal use of controlled substances...can raise questions about an individual’s reliability and trustworthiness.”
— AG ¶ 24

Procedural Posture

SOR issuedJun 9, 2023
Answer filedAug 4, 2023Requested decision based on written record.
Hearing heldApr 4, 2024
Decision dateMay 10, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Commitment to Abstain From Illegal Drug Use as a Mitigating Factor
Whole-person Concept 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: granted

The judge found that the applicant mitigated the security concerns related to drug involvement and substance misuse. Although the applicant used marijuana edibles recreationally and to aid sleep approximately four times a year until August 2022, he has since abstained from illegal drug involvement and demonstrated a commitment to maintaining his eligibility for a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant mitigated the security concerns under Guideline H (drug involvement and substance misuse).	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
1.b	Applicant's company provided hardware and software products to the cannabis industry, but he never directly handled marijuana.	For Applicant	Marijuana	Occasional	Unknown	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented

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.