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ISCR Case 23-02183 — CASE

Case record

ISCR Case 23-02183

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

Case Profile
Decision Date5/22/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Richard A. Cefola
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 47-year-old defense contractor who sought a security clearance but faced allegations under Guideline H (Drug Involvement and Substance Misuse). The Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency detailed concerns regarding the applicant's extensive history of marijuana use, totaling approximately 300 instances over 28 years, and a single use of hallucinogenic mushrooms in May 2021. The applicant submitted a written response to the SOR, admitting to the allegations while providing explanations and evidence of his intent to abstain from future drug use.
During the hearing, the applicant acknowledged his past drug use and presented various mitigating factors, including a signed statement of intent to avoid future substance misuse, a negative drug screen, and educational certificates related to drug awareness. However, the administrative judge found that the applicant's drug involvement was recent and extensive, which raised significant concerns about his reliability and trustworthiness. Ultimately, the judge ruled against the applicant, concluding that he failed to sufficiently mitigate the security concerns associated with his drug history, and denied his eligibility for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-02183

deniedMay 22, 2024· Hon. Richard A. Cefola· hearing

Summary

A 47-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to extensive marijuana use and a single instance of hallucinogenic mushroom use. The applicant admitted to using marijuana approximately 300 times over a 28-year period, beginning in June 1995 during high school and continuing until April 2023. This last use occurred less than a year before the hearing and three months after the applicant completed their e-QIP.

Additionally, the applicant used hallucinogenic mushrooms once in May 2021. These allegations raised a disqualifying condition under AG ¶ 25(a).

While mitigating conditions AG ¶ 26(a) and AG ¶ 26(b) were considered, the administrative judge determined that the extent, duration, and recency of the applicant's drug involvement were significant enough to warrant a denial of eligibility for a security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana approximately 300 times over 28 years, with the last use occurring less than a year before the hearing.
The applicant used hallucinogenic mushrooms once in May 2021, contributing to concerns about drug involvement.
The judge determined that the extent, duration, and recency of the applicant's drug use were significant enough to raise security concerns.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedSubstance Misuse

Mitigating

AG ¶ 26(a)rejectedBehavior Infrequency or Unlikely to RecurThe applicant's drug use was extensive and recent, making it unlikely to mitigate security concerns.
AG ¶ 26(b)rejectedAcknowledgment and Evidence of RehabilitationDespite evidence of rehabilitation, the judge found the applicant's recent drug involvement significant.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedNov 13, 2023
Answer filedJan 12, 2024
Hearing heldMar 11, 2024
Decision dateMay 22, 2024

Cite For

Denial Based on Extensive and Recent Drug Involvement Under Guideline H
Rejection of Mitigating Conditions Due to the Recency of Drug Use
Importance of the Whole-person Concept in Security Clearance Evaluations

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 against the applicant on allegations of drug involvement, specifically extensive marijuana use and occasional use of hallucinogenic mushrooms. The applicant's marijuana use, which occurred approximately 300 times over 28 years and ended less than a year before the hearing, raised significant security concerns, leading to a denial of eligibility for a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admits he used marijuana about 300 times over a period of 28 years, from June of 1995, while attending high school, until his last usage in April 2023, less than a year prior to his hearing and three months after executing his e-QIP.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse	—	—
1.b	Applicant used hallucinogenic mushrooms, once in May of 2021.	Against Applicant	Psilocybin	Not Applicable	Admitted	(a) any substance misuse	—	—

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.