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ISCR Case 23-01728 — CASE

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ISCR Case 23-01728

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

Case Profile
Decision Date11/27/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Pamela C. Benson
Government Counsel: Cassie L. Ford, John C. Lynch
Applicant's Counsel: Samir Nakhleh
Case Summary
The applicant in this case was a 24-year-old software engineer who submitted a security clearance application in December 2022. The Department of Defense (DOD) issued a Statement of Reasons (SOR) in January 2024, citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The core allegations included the applicant's use of marijuana while holding a security clearance, specifically from February 2019 to April 2023.
During the hearing, the applicant admitted to using marijuana infrequently, specifically three times in 2019 while in college and once in April 2023 after moving to a state where marijuana was legalized. He clarified that he did not enjoy the experience and had not used marijuana since April 2023. The applicant expressed a misunderstanding regarding the legality of marijuana use in relation to his security clearance and provided evidence of his commitment to abstain from illegal drugs in the future, including a signed statement and a negative drug test result.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the security concerns. The judge noted the infrequency of the applicant's drug use, his candid admissions during the background investigation, and his proactive steps to ensure compliance with DOD regulations. The judge emphasized that the applicant's understanding of the legal implications of drug use had improved, and his commitment to abstain from illegal substances demonstrated a pattern of reliability and good judgment.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 23-01728

grantedNov 27, 2024· Hon. Pamela C. Benson· hearing

Summary

A 24-year-old software engineer was granted a security clearance despite concerns under Guideline H (Drug Involvement) related to past marijuana use. The Statement of Reasons alleged that the applicant used marijuana with varying frequency from February 2019 to approximately April 2023 while holding a sensitive position and possessing a security clearance. The applicant admitted to infrequent use and provided a signed statement of intent to abstain from illegal drugs.

Disqualifying conditions under Guideline H were raised, but mitigating conditions were applied. The decision to grant the clearance was based on several factors. The applicant demonstrated a clear understanding of the implications of drug use while holding a security clearance and provided a signed statement committing to future abstinence from illegal drug use.

Furthermore, the applicant's last reported marijuana use was over 19 months prior to the decision, indicating a pattern of abstinence. His candid disclosures and commitment to compliance ultimately led to the granting of his eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated a clear understanding of the implications of drug use while holding a security clearance.
He provided a signed statement of intent to abstain from illegal drug use in the future.
The applicant's last use of marijuana was over 19 months prior to the decision, and he has shown a pattern of abstinence.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information

Mitigating

AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions to Overcome the Problem, and Has Established a Pattern of Abstinence

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 22, 2024
Answer filedFeb 8, 2024
Hearing heldAug 26, 2024
Decision dateNov 27, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of Candid Disclosures in Security Clearance Cases
Commitment to Abstain From Illegal Drug Use 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 H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant used marijuana with varying frequency from February 2019 to April 2023 while holding a security clearance. However, the applicant admitted to infrequent use and provided a signed statement of intent to abstain from illegal drug use in the future. The judge concluded that the applicant successfully mitigated the security concerns under Guideline H, resulting in a decision to grant the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency, from February 2019 to about April 2023, while holding a sensitive position, i.e., while he possessed a security clearance.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Signed Intent with Revocation Clause
1.b	Applicant admitted to using marijuana infrequently and provided a signed statement of intent to not use any illegal drugs in the future.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Signed Intent with Revocation Clause

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.