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ISCR Case 23-02220 — CASE

Case record

ISCR Case 23-02220

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

Case Profile
Decision Date9/24/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Paul J. Mason
Government Counsel: Sakeena Farhath
Case Summary
The applicant in this case was a 53-year-old contractor seeking a security clearance for employment with a defense contractor. The adjudicative guidelines at issue were related to drug involvement and substance misuse (Guideline H). The Statement of Reasons (SOR) outlined three allegations: that the applicant used marijuana from September 2019 to November 2023, purchased marijuana on multiple occasions, and intended to continue using marijuana in the future.
The applicant admitted to all allegations in the SOR without providing explanations. She stated that she used marijuana weekly under a medical prescription for a serious medical condition and purchased it from a dispensary four to five times a year. Although she claimed that her marijuana use did not impair her judgment or reliability, she acknowledged her intention to continue using the drug, which is illegal under federal law. The applicant did not submit any evidence to mitigate the concerns raised by her drug use.
The administrative judge ruled against the applicant, concluding that she had not mitigated the security concerns associated with her drug involvement. The judge noted that the applicant's ongoing use of marijuana and her expressed intent to continue using it demonstrated poor judgment and unreliability, which were inconsistent with the requirements for holding a security clearance. The judge emphasized that the applicant's behavior raised significant questions about her trustworthiness and compliance with laws, leading to the denial of her security clearance.
Guidelines Evaluated
- 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.
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Case Headnote

ISCR Case No. 23-02220

deniedSep 24, 2024· Hon. Paul J. Mason· hearing

Summary

A 53-year-old contractor was denied a security clearance under Guideline H (Drug Involvement) due to admitted and ongoing marijuana use. The applicant used marijuana from September 2019 to November 2023, purchased it on various occasions, and stated an intent to continue its use. These actions raised disqualifying conditions related to drug involvement and substance misuse.

While mitigating conditions were considered, the judge determined they did not outweigh the security concerns. The applicant admitted to regular marijuana use and future intent, and failed to provide evidence of actions taken to overcome drug involvement or establish a pattern of abstinence.

Ultimately, the applicant's marijuana use was found to be inconsistent with federal law, which is a relevant factor in national security determinations. Consequently, the applicant was denied eligibility for access to classified information.

Why the Applicant Was Denied

The applicant admitted to using marijuana regularly and intended to continue its use in the future.
The applicant did not provide evidence of actions taken to overcome drug involvement or establish a pattern of abstinence.
The applicant's marijuana use was inconsistent with federal law, which remains relevant in national security determinations.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(g)raisedIntent to Continue Drug Involvement

Mitigating

AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's ongoing marijuana use and intention to continue using it demonstrate poor judgment.
AG ¶ 26(b)rejectedAcknowledgment and Evidence of Actions TakenThe applicant did not establish a pattern of abstinence or provide a signed statement of intent to abstain.

Key Rule Quoted

“The illegal use of controlled substances... can raise questions about an individual's reliability and trustworthiness...”
— AG ¶ 24

Procedural Posture

SOR issuedNov 29, 2023
Answer filedMar 5, 2024
Hearing held—Applicant chose to have the case evaluated on the written record.
Decision dateSep 24, 2024

Cite For

Denial of Security Clearance Due to Ongoing Drug Use Under Guideline H
Impact of Federal Law on State-sanctioned Marijuana Use in Security Clearance Determinations
Lack of Mitigating Evidence in Cases of Admitted Drug Involvement

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: Decision on RecordDecided: denied

The judge found against the applicant on all allegations related to drug involvement, specifically marijuana use. The applicant admitted to using marijuana from September 2019 to November 2023, purchasing it on various occasions, and intending to continue its use in the future. The decision to deny the application was based on concerns regarding poor judgment and reliability.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana (tetrahydrocannabinol-T) between September 2019 and November 2023.	Against Applicant	Marijuana	Regular	Admitted	—	—	Claimed Other
1.b	Applicant purchased marijuana on various occasions.	Against Applicant	Marijuana	Regular	Admitted	—	—	Claimed Other
1.c	Applicant intends to use marijuana in the future.	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	—	Claimed Other

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.