CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 23-01077 — CASE

Case record

ISCR Case 23-01077

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

Case Profile
Decision Date1/24/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Carroll J. Connelley
Case Summary
Applicant was a 29-year-old individual who sought a security clearance and was evaluated under Guideline H, concerning drug involvement and substance misuse. The Department of Defense issued a Statement of Reasons (SOR) on June 23, 2023, citing extensive illegal drug use, including marijuana, ecstasy, DMT, LSD, mushrooms, benzodiazepines, Adderall, cocaine, and nitrous oxide, from 2014 to 2022. The SOR alleged that these activities raised significant security concerns regarding the applicant's reliability and trustworthiness.
In his response to the SOR, the applicant admitted to all allegations of drug use and provided some context for his future intentions, stating he would refrain from using these substances to comply with his employer's policies. He indicated that he had moved to a new location, distanced himself from previous drug-using associates, and expressed a desire to maintain a healthy lifestyle. However, he did not submit any evidence of participation in drug counseling or treatment, nor did he respond to the Government's file of relevant material.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns associated with his extensive history of drug involvement. The judge noted that while the applicant acknowledged his past behavior and expressed intentions to abstain, the lack of evidence demonstrating a sustained pattern of abstinence or proactive steps to address his substance misuse led to the denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 23-01077

deniedJan 24, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 29-year-old male applicant with a bachelor's degree was denied a security clearance under Guideline H (Drug Involvement) due to extensive drug use and purchases over several years. The applicant admitted to using and purchasing a variety of illegal substances, including marijuana, ecstasy, DMT, LSD, mushrooms, benzodiazepines, Adderall (unprescribed), cocaine, and nitrous oxide. These admissions raised concerns about his reliability and trustworthiness.

The Statement of Reasons detailed nine specific allegations, each citing the applicant's use and purchase of a different illegal drug or unprescribed medication. Disqualifying conditions AG ¶ 25(a) and AG ¶ 25(c) were raised, while mitigating condition AG ¶ 26(b) was applied.

The denial was based on the applicant's long history of illegal drug use and purchases. The judge found that the applicant's stated intent to abstain from future drug use was conditional on employment, indicating a lack of clear and convincing commitment to refrain. Furthermore, the applicant did not provide evidence of rehabilitation or participation in drug counseling.

Why the Applicant Was Denied

The applicant had a long history of illegal drug use and purchases spanning several years.
The applicant's admissions indicated a lack of a clear and convincing intent to refrain from future drug use, as he conditioned his abstinence on employment.
The applicant did not provide evidence of rehabilitation or participation in drug counseling.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(b)appliedAcknowledgment of Drug InvolvementThe applicant acknowledged his past drug use and stated intentions to abstain, but this was insufficient to mitigate concerns.

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 23, 2023
Answer filedJul 11, 2023
Hearing held—Decided on the written record.
Decision dateJan 24, 2024

Cite For

Denial of Security Clearance Due to Extensive Drug Involvement Under Guideline H
Insufficient Evidence of Rehabilitation or Intent to Abstain From Drug Use
Importance 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 multiple allegations of drug involvement, including the use and purchase of various substances such as marijuana, ecstasy, DMT, LSD, mushrooms, benzodiazepines, and cocaine. The applicant's admissions and history of drug use raised significant concerns regarding reliability and trustworthiness, leading to a denial of eligibility for a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency and purchased and sold it on various occasions.	Against Applicant	Marijuana	Unspecified	Admitted	—	—	—
1.b	Applicant used ecstasy with varying frequency and purchased ecstasy on various occasions.	Against Applicant	MDMA	Unspecified	Admitted	—	—	—
1.c	Applicant used DMT with varying frequency and purchased DMT on various occasions.	Against Applicant	DMT or Other Hallucinogen	Unspecified	Admitted	—	—	—
1.d	Applicant used LSD with varying frequency and purchased LSD on various occasions.	Against Applicant	LSD	Unspecified	Admitted	—	—	—
1.e	Applicant used mushrooms with varying frequency and purchased mushrooms on various occasions.	Against Applicant	Psilocybin	Unspecified	Admitted	—	—	—
1.f	Applicant used benzodiazepines with varying frequency and purchased benzodiazepines on various occasions.	Against Applicant	Benzodiazepine Misuse	Unspecified	Admitted	—	—	—
1.g	Applicant purchased and used the prescription medication Adderall that was not prescribed to him.	Against Applicant	Prescription Stimulant Misuse	Unspecified	Admitted	—	—	—
1.h	Applicant used cocaine with various frequency and purchased it on various occasions.	Against Applicant	Cocaine	Unspecified	Admitted	—	—	—
1.i	Applicant used nitrous oxide with varying frequency and purchased it on various occasions.	Against Applicant	Unspecified Drug Involvement	Unspecified	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.