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ISCR Case 23-01904 — CASE

Case record

ISCR Case 23-01904

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

Case Profile
Decision Date7/23/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Roger C. Wesley
Government Counsel: Tara R. Karoian
Case Summary
The applicant in this case was a 43-year-old employee of a defense contractor seeking a security clearance. The adjudicative guidelines at issue were related to drug involvement and substance misuse. The Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency (DCSA) outlined concerns regarding the applicant's history of marijuana use from approximately 1997 to 2023, which raised questions about his reliability and trustworthiness.
During the proceedings, the applicant admitted to the allegations of marijuana use but provided explanations regarding the frequency and context of his usage. He claimed that most of his use occurred between 1997 and 2012, with a significant reduction during his teaching years. He acknowledged resuming use after marijuana became legal in his state in 2021 but asserted that he had ceased all use since the fall of 2022. The applicant submitted character references and performance evaluations that portrayed him as a reliable and professional employee, although none of the references were aware of his past drug use.
The administrative judge ruled against the applicant, concluding that he did not sufficiently mitigate the drug concerns raised in the SOR. The judge emphasized the importance of the applicant's past drug use in assessing his eligibility for a security clearance, stating that the evidence did not demonstrate a clear and consistent commitment to abstaining from illegal substances. Consequently, the applicant's request for access to classified information was denied.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-01904

grantedJul 23, 2024· Hon. Roger C. Wesley· hearing

Summary

A 43-year-old defense contractor was granted a security clearance despite a history of marijuana use, which raised concerns under Guideline H (Drug Involvement). The Statement of Reasons alleged marijuana use from approximately June 1997 to February 2023, triggering Disqualifying Conditions 25(a) and 25(c).

However, the applicant successfully demonstrated mitigating factors. He provided credible explanations for the frequency and context of his past marijuana use and, crucially, showed nearly two years of complete abstinence from marijuana.

The decision to grant the clearance was further supported by positive character references, which attested to the applicant's reliability and trustworthiness. Ultimately, the adjudicator applied Mitigating Condition 26(a), concluding that the applicant's demonstrated commitment to avoiding illegal drugs warranted the granting of his security clearance.

Why the Applicant Prevailed

The applicant demonstrated nearly two years of abstinence from marijuana use.
The applicant provided credible explanations regarding the frequency and context of his past marijuana use.
Positive character references supported the applicant's reliability and trustworthiness.

Conditions Referenced

Disqualifying

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

Mitigating

MC ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment.

Key Rule Quoted

“Eligibility for access to classified information may only be granted "upon a finding that it is clearly consistent with the national interest to do so."”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960), as amended.

Procedural Posture

SOR issuedAug 30, 2023
Answer filedSep 10, 2023
Hearing heldJul 27, 2024
Decision dateJul 23, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of Sustained Abstinence in Security Clearance Cases
Weight of Character References in Assessing Trustworthiness

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 about June 1997 to February 2023. However, the applicant demonstrated a commitment to abstinence, having not used marijuana for almost two years, which mitigated the security concerns. The outcome of the case was granted, allowing the applicant access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant allegedly used marijuana with varying frequency from about June 1997 to about February 2023.	For Applicant	Marijuana	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented

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.