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ISCR Case 23-02092 — CASE

Case record

ISCR Case 23-02092

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

Case Profile
Decision Date2/2/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Darlene Lokey Anderson
Government Counsel: Andrew H. Henderson
Case Summary
The applicant in this case was a 37-year-old Lead Electrical Engineer employed by a defense contractor, seeking a security clearance. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing concerns under Guideline H, related to drug involvement and substance abuse. The core allegations included a history of illegal drug use, specifically marijuana, from 2006 until July 2023, which raised questions about the applicant's reliability and trustworthiness.
During the proceedings, the applicant admitted to a long history of marijuana use, including instances of failing drug tests and continuing to use marijuana despite being aware of company policies against it. He claimed to have stopped using marijuana as of July 2023 and expressed a desire to be transparent about his past. However, the administrative judge noted that the applicant's acknowledgment of his drug use and his recent attempts to change did not sufficiently mitigate the security concerns, as he had continued to use marijuana even after applying for a security clearance.
The administrative judge ruled against the applicant, concluding that his recent history of illegal drug use demonstrated a lack of good judgment and reliability necessary for access to classified information. The judge found that none of the mitigating conditions applied, as the applicant's behavior was recent and ongoing, indicating a disregard for federal law and company policies. Consequently, the applicant was deemed ineligible for a security clearance.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-02092

deniedFeb 2, 2024· Hon. Darlene Lokey Anderson· hearing

Summary

A 37-year-old Lead Electrical Engineer, a married father, was denied a security clearance under Guideline H (Drug Involvement) due to a prolonged history of marijuana and/or other THC product use from 2006 through July 2023. The government alleged that this history of controlled substance use raised concerns about his reliability and trustworthiness, citing Disqualifying Conditions AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(f).

Despite the applicant's negative drug tests and stated commitment to abstinence, the judge determined that his recent drug use, which occurred just six months before the hearing, demonstrated a disregard for federal law and company policies. The applicant also failed to adequately acknowledge the seriousness of his conduct.

Ultimately, the judge found that the applicant had not established a sufficient pattern of abstinence or provided enough evidence of rehabilitation. This led to the conclusion that he did not demonstrate the reliability and trustworthiness required for access to classified information, resulting in the denial of his security clearance application.

Why the Applicant Was Denied

The applicant has a long history of illegal drug use involving marijuana, with the last use occurring just six months prior to the hearing.
The applicant's conduct demonstrated a disregard for federal law and company policies regarding drug use.
The applicant failed to establish a pattern of abstinence or provide sufficient evidence of rehabilitation.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Sensitive Position

Key Rule Quoted

“The illegal use of controlled substances...can raise questions about an individual's reliability and trustworthiness.”

Procedural Posture

SOR issuedSep 18, 2023
Answer filedOct 20, 2023
Hearing heldJan 9, 2024
Decision dateFeb 2, 2024

Cite For

Disqualifying Conditions Related to Drug Involvement Under Guideline H
The Importance of Demonstrating Reliability and Trustworthiness for Security Clearance
The Impact of Recent Illegal Drug Use on 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: HearingDecided: denied

The judge found that the applicant has a history of illegal drug use involving marijuana and/or other THC products from 2006 through July 2023. The applicant's last use of marijuana occurred as recently as July 2023, which raised significant concerns about his reliability and trustworthiness, leading to a denial of his security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Government alleges that the Applicant has used controlled substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose, which can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Denied	—	—	Claimed Acknowledgment and Remorse
1.b	Applicant has a history of illegal drug use involving marijuana and/or other THC products from 2006 through July 2023.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Denied	—	—	Claimed Acknowledgment and Remorse

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.