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ISCR Case 23-01569 — CASE

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ISCR Case 23-01569

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

Case Profile
Decision Date3/6/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Tara R. Karoian
Case Summary
Applicant, a 42-year-old individual with a bachelor's degree, sought a security clearance for the first time. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H, related to drug involvement and substance misuse. The core allegation was that the applicant admitted to using medical marijuana, which, while legal in her state, remains illegal under federal law.
In her responses, the applicant acknowledged her use of medical marijuana, which she began in March 2022, and stated it was prescribed by her doctor to help with anxiety and sleep issues. She expressed a willingness to discontinue its use if required for security clearance eligibility but did not provide evidence of having ceased its use at any point during the clearance process. The administrative judge noted that while the applicant's marijuana use was legal under state law, it raised concerns regarding her reliability and trustworthiness under federal law.
The administrative judge ruled against the applicant, concluding that she failed to mitigate the security concerns associated with her drug use. The judge emphasized that the applicant's continued use of marijuana, despite her willingness to stop if necessary, did not sufficiently demonstrate a commitment to abstain from substance misuse, which is critical for maintaining national security eligibility.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-01569

deniedMar 6, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 42-year-old applicant with a bachelor's degree was denied a security clearance under Guideline H (Drug Involvement) due to her ongoing use of medical marijuana. This use is illegal under federal law, despite being permitted by state law. The Statement of Reasons specifically alleged that the applicant failed to mitigate security concerns related to drug involvement and substance misuse.

The denial was based on several factors. The applicant admitted to her continued use of medical marijuana and expressed an intent to maintain this usage. Although she indicated a willingness to cease if required, she did not unequivocally state that she had stopped using marijuana during the security clearance process.

These actions raised significant concerns regarding her reliability and trustworthiness. The judge concluded that the applicant failed to mitigate these concerns, leading to the denial of her security clearance application.

Why the Applicant Was Denied

The applicant admitted to ongoing use of medical marijuana, which is illegal under federal law.
She expressed intent to continue using marijuana, raising concerns about her reliability and trustworthiness.
The applicant did not unequivocally state that she had stopped using marijuana during the security clearance process.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement

Key Rule Quoted

“An individual’s disregard of federal law pertaining to the use, sale, or manufacture of marijuana remains adjudicatively relevant in national security determinations.”
— DNI Memorandum ES 2014-00674

Procedural Posture

SOR issuedAug 28, 2023
Answer filedAug 30, 2023
Hearing held—Decided on the written record.
Decision dateMar 6, 2024

Cite For

Denial of Security Clearance Due to Ongoing Illegal Drug Use Under Federal Law
Failure to Mitigate Drug Involvement Concerns Under Guideline H
Importance of Unequivocal Commitment to Cease Illegal Drug Use for Security Clearance Eligibility

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's continued use of medical marijuana, despite having a valid prescription, raised significant security concerns under Guideline H. The applicant admitted to using THC for sleep aid and expressed willingness to cease use if required, but the judge concluded that this continued use was inconsistent with national security, resulting in a denial of the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant failed to mitigate the Guideline H, drug involvement and substance misuse security concerns.	Against Applicant	Marijuana	Not Applicable	Admitted	—	—	Claimed Other

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.