CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 23-02185 — CASE

Case record

ISCR Case 23-02185

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

Case Profile
Decision Date4/25/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Pamela C. Benson
Government Counsel: Rhett E. Petcher
Case Summary
The applicant in this case was a 47-year-old individual employed as a solutions specialist for a defense contractor. The adjudicative guidelines at issue were under Guideline H, concerning Drug Involvement and Substance Misuse. The Statement of Reasons (SOR) outlined concerns regarding the applicant's history of using THC, both recreationally and medicinally, and his expressed intent to continue using it despite knowing it was illegal under federal law.
The applicant admitted to using and purchasing THC from January 2003 to at least April 2022, and he acknowledged that he resumed using THC in December 2023, shortly before his hearing. He claimed that his use was to manage anxiety and stress rather than for pain relief, which he had previously cited as the reason for his THC use. Although he stated he intended to abstain from THC in the future, the administrative judge noted that his actions did not demonstrate a clear commitment to discontinue use, particularly given his recent resumption of THC use.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to his drug involvement. The judge found that the applicant's admissions and behavior indicated a lack of reliability and trustworthiness, which are critical for national security eligibility. The judge emphasized that the applicant's post-SCA use of THC was significant and undermined his claims of intent to abstain, leading to the denial of his security clearance.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 23-02185

deniedApr 25, 2024· Hon. Pamela C. Benson· hearing

Summary

A 47-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to admitted THC use and substance misuse. The applicant acknowledged using and purchasing THC from approximately January 2003 to at least April 2022, and continued this use even after submitting his security clearance application (SCA) in March 2022. This pattern raised concerns about his reliability and trustworthiness, particularly as he resumed use during periods of stress.

The Statement of Reasons specifically cited the applicant's use and purchase of THC over nearly two decades, his continued use after completing his SCA, and an initial stated intent to use THC in the future. Disqualifying conditions AG 25(a) and AG 25(g) were raised.

The denial was based on the applicant's admission of regular THC use from 2019 until June 2023, and a resumption of use in December 2023, which cast doubt on his reliability. Although he later claimed no future intent to use THC, his history of resuming use under stress undermined his credibility. The judge concluded that the applicant failed to demonstrate a clear commitment to abstain from THC, especially given his post-SCA use, leading to the denial of his clearance.

Why the Applicant Was Denied

The applicant admitted to using THC regularly from 2019 until June 2023 and resumed use in December 2023, raising doubts about his reliability.
Despite claiming no future intent to use THC, the applicant's history of resuming use during stress undermined his credibility.
The applicant's post-SCA use of THC was deemed security significant, indicating a lack of commitment to abstain.

Conditions Referenced

Disqualifying

AG 25(a)raisedAny Substance Misuse
AG 25(g)raisedExpressed Intent to Continue Drug Involvement and Substance Misuse

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
— AG ¶ 2(b)

Procedural Posture

SOR issuedOct 4, 2023
Answer filed—Undated response submitted after SOR.
Hearing heldMar 6, 2024Conducted via video teleconference.
Decision dateApr 25, 2024

Cite For

Failure to Mitigate Drug Involvement Under Guideline H
Impact of Post-application Substance Use on Security Clearance Eligibility
Credibility Issues Arising From Inconsistent Statements Regarding Drug Use Intentions

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 used and purchased THC from January 2003 to at least April 2022, and intends to use THC in the future. However, the applicant's continued use of THC after completing a security clearance application was noted. The outcome was a denial of the security clearance based on these findings.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used and purchased THC, with varying frequency, from about January 2003 to at least April 2022.	Against Applicant	Marijuana	Unspecified	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	Applicant continued to use THC after he completed his SCA in March 2022 to obtain a DOD security clearance.	For Applicant	Marijuana	Not Applicable	Admitted	—	—	—
1.c	Applicant intends to use THC in the future.	Against Applicant	Stated Intent to Use Again	Not Applicable	Denied	(g) expressed intent to continue, or failure to commit to discontinue	—	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.