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ISCR Case 23-01714 — CASE

Case record

ISCR Case 23-01714

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

Case Profile
Decision Date4/26/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: LeRoy F. Foreman
Government Counsel: William H. Miller
Case Summary
The applicant in this case was a 23-year-old individual who applied for a security clearance on January 10, 2023. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) on September 14, 2023, citing security concerns under Guideline H (Drug Involvement and Substance Misuse). The core allegation was the applicant's admitted use of marijuana from February 2021 until at least March 2023, which she claimed was for medicinal purposes as recommended by her healthcare providers.
In her response to the SOR, the applicant acknowledged her marijuana use and indicated that it was part of her medical treatment plan for various health issues. However, she did not provide evidence of actions taken to mitigate her substance use or commit to discontinuing it. The administrative judge found that the applicant's ongoing marijuana use and her unwillingness to cease this behavior did not meet the mitigating conditions outlined in the guidelines. The judge emphasized that changes in state laws regarding marijuana do not alter federal regulations prohibiting its use.
Ultimately, the administrative judge ruled against the applicant, concluding that granting her security clearance was not consistent with national security interests due to her drug involvement. The decision highlighted the importance of trust and reliability in individuals with access to classified information, and the applicant's current circumstances did not alleviate the security concerns raised.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-01714

deniedApr 26, 2024· Hon. LeRoy F. Foreman· hearing

Summary

This case involves a 23-year-old recent college graduate whose security clearance application was denied under Guideline H (Drug Involvement). The applicant admitted to using marijuana for medicinal purposes from approximately February 2021 until at least March 2023, with varying frequency.

The denial was based on several factors. The applicant's regular use of marijuana, even for medicinal purposes, was deemed substance misuse under Adjudicative Guideline (AG) ¶ 25(a). Furthermore, the applicant expressed an intent to continue her drug involvement and did not commit to discontinuing use, which is a disqualifying condition under AG ¶ 25(g).

Ultimately, the judge found that the applicant's ongoing marijuana use, which violates federal law, raised significant security concerns. Despite her claims of medical necessity, her unwillingness to discontinue use led to the denial of her security clearance application.

Why the Applicant Was Denied

The applicant admitted to using marijuana regularly for medicinal purposes, which constitutes substance misuse under AG ¶ 25(a).
The applicant expressed an intent to continue her drug involvement, failing to commit to discontinuing use, which is a disqualifying condition under AG ¶ 25(g).
The applicant's ongoing marijuana use violates federal law, which remains a disqualifying condition for security clearance eligibility.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedSubstance Misuse
AG ¶ 25(g)appliedIntent to Continue Drug Involvement

Key Rule Quoted

“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
— ISCR Case No. 01-20700 at 3 (App. Bd. Dec. 19, 2002)

Procedural Posture

SOR issuedSep 14, 2023
Answer filedSep 18, 2023Requested decision on the written record.
Hearing held—Decision made without a hearing.
Decision dateApr 26, 2024

Cite For

Denial of Security Clearance Due to Ongoing Drug Involvement Under Guideline H
Impact of Federal Law on Security Clearance Eligibility Regarding Marijuana Use
Burden of Proof on Applicant to Demonstrate National Interest Consistency for Security Clearance

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 from February 2021 until at least March 2023, which was admitted by the applicant. The judge ruled against the applicant on this allegation, citing concerns about substance misuse and illegal possession of a controlled substance. The application for clearance was denied.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from about February 2021 until at least March 2023, with varying frequency.	Against Applicant	Marijuana	Unspecified	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	Claimed Other 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.