CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 23-02208 — CASE

Case record

ISCR Case 23-02208

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

Case Profile
Decision Date6/27/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: LeRoy F. Foreman
Government Counsel: Cassie L. Ford, Rhett E. Petcher
Case Summary
The applicant in this case was a 21-year-old production control planner employed by a defense contractor. The security clearance decision involved allegations under Guideline H (Drug Involvement and Substance Misuse), specifically concerning her use of marijuana. The Statement of Reasons (SOR) indicated that the applicant had used marijuana from February 2021 to at least October 2023, which raised concerns about her reliability and trustworthiness.
During the proceedings, the applicant admitted to the allegations in the SOR and explained that her marijuana use was initially to manage post-traumatic stress disorder (PTSD) resulting from domestic violence. She testified that she had stopped using marijuana in November 2022 but resumed in May 2023 due to personal trauma. However, she later ceased use again in October 2023, citing adverse physical effects and a commitment to her job. The applicant provided evidence of her mental health treatment and expressed her understanding of the implications of marijuana use on her security clearance eligibility.
The administrative judge ruled in favor of the applicant, granting her eligibility for access to classified information. The judge found that the applicant had taken significant steps to address her substance use, including establishing a pattern of abstinence and demonstrating a commitment to comply with federal law. The judge concluded that the applicant's past behavior did not cast doubt on her current reliability and trustworthiness, thus mitigating the security concerns raised under Guideline H.
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.
Finding similar decisions…

Case Headnote

ISCR Case No. 23-02208

grantedJun 27, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 21-year-old production control planner was granted a security clearance despite concerns under Guideline H (Drug Involvement) related to past marijuana use. The Statement of Reasons alleged she used marijuana from approximately February 2021 to May 2023, including after completing her Security Clearance Application, and intended future use. These allegations raised disqualifying conditions AG ¶ 25(a) and AG ¶ 25(c).

However, the applicant admitted to using marijuana for PTSD treatment but ceased in October 2023. She demonstrated significant improvement in her mental health through counseling and medication, providing credible testimony of her commitment to abstain from illegal drug involvement.

The judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b), finding that her past drug use was linked to traumatic experiences unlikely to recur. The applicant successfully mitigated the security concerns, and her eligibility for access to classified information was granted.

Why the Applicant Prevailed

The applicant demonstrated significant improvement in mental health and coping mechanisms since ceasing marijuana use.
She provided credible testimony regarding her commitment to abstain from illegal drug involvement.
The applicant's past drug use was linked to traumatic experiences that are unlikely to recur.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Actions Taken to Overcome the Problem

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedOct 31, 2023
Answer filedNov 1, 2023Applicant admitted allegations on 2023-11-21.
Hearing heldMay 16, 2024Conducted via video teleconference.
Decision dateJun 27, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Consideration of Mental Health Improvements in Security Clearance Decisions
Applicant's 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 2021 to May 2023, which was admitted. The allegation regarding future intent to use marijuana was denied by the applicant. The judge ultimately granted the application, concluding that the applicant's behavior did not cast doubt on her current reliability and trustworthiness.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from about February 2021 to about May 2023.	For Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.b	Applicant used marijuana after completing her SCA.	Withdrawn	Unspecified Drug Involvement	Not Applicable	Unknown	—	—	—
1.c	Applicant intended to use marijuana in the future.	For Applicant	Stated Intent to Use Again	Not Applicable	Denied	—	—	—

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.