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ISCR Case 23-01139 — CASE

Case record

ISCR Case 23-01139

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

Case Profile
Decision Date2/1/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Pamela C. Benson
Government Counsel: Adrienne M. Driskill
Applicant's Counsel: Emily Goeke
Case Summary
Applicant, a 28-year-old mechanical engineering graduate, sought a security clearance after being issued a Statement of Reasons (SOR) citing concerns under Guidelines H (drug involvement and substance misuse) and E (personal conduct). The SOR alleged that he had used and purchased marijuana from November 2021 to May 2022, despite holding a security clearance since 2019. Applicant admitted to the drug use but claimed he was unaware that it was illegal under federal law, as it was legal in his state.
In his response to the SOR, Applicant acknowledged his marijuana use and explained that it was infrequent and primarily for sleep aid. He stated that he stopped using marijuana in May 2022 and provided a signed statement of intent to abstain from any future use. He also presented character references attesting to his integrity and transparency. The administrative judge found that Applicant's past drug use was unlikely to recur and that he had taken steps to mitigate the concerns, including his commitment to remain drug-free.
The administrative judge ruled in favor of Applicant, concluding that the mitigating conditions under both Guidelines H and E applied. The judge determined that Applicant's past behavior did not cast doubt on his current reliability and trustworthiness, and granted him national security eligibility.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-01139

grantedFeb 1, 2024· Hon. Pamela C. Benson· hearing

Summary

A 28-year-old engineer was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons alleged that the applicant used and purchased marijuana from approximately November 2021 to May 2022, after receiving access to classified information in 2019. Additionally, it was alleged that he failed to provide complete or accurate information regarding this marijuana use on his December 2022 security clearance application.

Disqualifying conditions related to personal conduct and drug involvement were raised. However, the judge applied mitigating conditions, noting the applicant's candor during the background interview and his commitment to abstain from future drug use.

The judge determined that the applicant's past illegal marijuana use was unlikely to recur, and he provided a signed statement of intent to abstain. Ultimately, the judge concluded that the applicant's past conduct did not pose a current risk to national security, and the security clearance was granted.

Why the Applicant Prevailed

The applicant's illegal marijuana use occurred in the past and is unlikely to recur.
He was candid about his drug involvement during the background interview.
He provided a signed statement of intent to abstain from future drug use.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
AG ¶ 26(b)(3)appliedEvidence of Actions Taken to Overcome the Problem

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 18, 2023
Answer filedJul 25, 2023Requested determination on the written record.
Hearing held—Determination made based on written record.
Decision dateFeb 1, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Personal Conduct Considerations Under Guideline E
Candidness During Background Interviews as a Mitigating Factor

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant did not deliberately fail to disclose his marijuana use on his security clearance application. The applicant's omission was attributed to ignorance of state and federal laws rather than intentional falsification. The outcome was favorable for the applicant, as the judge concluded that he successfully mitigated the personal conduct concerns.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant failed to provide complete or accurate information regarding his use and purchase of marijuana on his security clearance application (SCA) completed in December 2022.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Drug Involvement	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

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 had used and purchased marijuana from about November 2021 to May 2022, after being granted access to classified information in 2019. However, the applicant successfully mitigated the concerns related to drug involvement, demonstrating a commitment to abstain from marijuana use in the future and having not used marijuana for nearly two years. The outcome was granted in favor of the applicant.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant had used and purchased marijuana from about November 2021 to about May 2022, after being granted access to classified information by the DOD in 2019.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Claimed Substance Treatment Completed

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.