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ISCR Case 23-02326 — CASE

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ISCR Case 23-02326

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

Case Profile
Decision Date10/30/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Marc E. Curry
Government Counsel: Erin P. Thompson
Case Summary
The applicant in this case was a 55-year-old chief estimator for a construction company who sought a security clearance. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H regarding drug involvement, specifically alleging that the applicant had a history of marijuana use and expressed intent to continue such use. The applicant admitted to one allegation of marijuana use but denied the intent to continue using it.
Key facts included the applicant's history of infrequent marijuana use, which he disclosed on his security clearance application, and his assertion that he had not used marijuana for nearly two years. Although he had previously indicated uncertainty about future use, he later provided a signed statement affirming his intent to abstain from marijuana. The administrative judge found that the applicant's long period of abstinence and his commitment to not resume use sufficiently mitigated the security concerns.
The administrative judge ruled in favor of the applicant, concluding that the evidence presented demonstrated a clear commitment to abstain from drug use, which aligned with the mitigating conditions outlined in the adjudicative guidelines. Consequently, the judge granted the applicant eligibility for a security clearance, determining that it was consistent with national security interests.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-02326

grantedOct 30, 2024· Hon. Marc E. Curry· hearing

Summary

A 55-year-old chief estimator was granted a security clearance despite initial concerns under Guideline H (Drug Involvement). The Department of Defense issued a Statement of Reasons (SOR) citing the applicant's history of marijuana use and equivocal responses regarding future use, raising disqualifying conditions AG ¶ 25(a) and AG ¶ 25(g).

However, the applicant's case was mitigated by several factors. He had not used marijuana for nearly two years and provided a signed statement committing to abstain from future drug use. His past use was infrequent and had been fully disclosed on his security clearance application.

These mitigating conditions, specifically AG ¶ 26(b), demonstrated a clear pattern of reform and a commitment to compliance. Consequently, the decision was made to grant the security clearance, finding the applicant eligible.

Why the Applicant Prevailed

The applicant has not used marijuana for nearly two years.
The applicant provided a signed statement of intent to abstain from future drug use.
The applicant's history of marijuana use was infrequent and disclosed on his security clearance application.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Established Pattern of Abstinence

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 12, 2024
Answer filedFeb 15, 2024Applicant requested a decision based on the evidence on file.
Hearing held—Decision made without a hearing.
Decision dateOct 30, 2024

Cite For

Mitigating Conditions for Drug Involvement Under Guideline H
Importance of a Signed Statement of Intent to Abstain From Drug Use
Consideration of the Whole-person Concept in Security Clearance Decisions

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: granted

The judge found that the applicant has not used marijuana for nearly two years and does not intend to use it in the future. The applicant's equivocal responses regarding future marijuana use were also considered, but ultimately, the judge ruled in favor of the applicant, granting eligibility for a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant has not used marijuana for nearly two years and does not intend to use it in the future.	For Applicant	Marijuana	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Documented Signed Intent with Revocation Clause
1.b	Applicant's equivocal responses regarding future marijuana use.	For Applicant	Unspecified Drug Involvement	Unspecified	Denied	(g) expressed intent to continue, or failure to commit to discontinue	(b) acknowledges involvement; evidence of action; established abstinence	Documented Signed Intent with Revocation Clause

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.