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ISCR Case 23-02338 — CASE

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ISCR Case 23-02338

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

Case Profile
Decision Date8/9/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Tara R. Karoian
Case Summary
The applicant in this case sought a security clearance but faced allegations under Guideline H (drug involvement and substance misuse) and Guideline E (personal conduct). The Statement of Reasons (SOR) indicated that the applicant had used marijuana from at least 2018 to May 2021 while in a sensitive position, violated company policies regarding drug use, and expressed an intent to continue using marijuana despite its federal illegality and company prohibitions.
The applicant admitted to some allegations but denied others, particularly regarding his intent to use marijuana in the future. He argued that his use was for medicinal purposes related to health issues and claimed he had been responsible while holding a security clearance. However, he acknowledged using marijuana while employed by federal contractors and indicated a willingness to continue its use if necessary for his quality of life. The administrative judge found that the applicant failed to mitigate the security concerns raised, concluding that his continued use of marijuana, despite its illegality under federal law and company policy, posed a significant risk to his eligibility for access to classified information. Consequently, the judge denied the applicant's request for a security clearance.
Guidelines Evaluated
- Guideline EPersonal Conduct · 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.
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Case Headnote

ISCR Case No. 23-02338

deniedAug 9, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 47-year-old male applicant was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The denial stemmed from his admitted history of marijuana use, which occurred while he held a sensitive position requiring a security clearance between approximately 2018 and May 2021.

The applicant also violated company policies at two U.S. federal contractors, XYZ and ABC, which prohibit employees' use of illegal drugs, including marijuana. These violations occurred despite the applicant being aware of the federal law and company policies. Most recently, these violations occurred as recently as October 2023.

Crucially, the applicant expressed an intent to continue using marijuana, which is federally illegal. The judge determined there was insufficient evidence of rehabilitation or a commitment to abstain from drug use, raising significant doubts about the applicant's reliability and trustworthiness. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant admitted to using marijuana while holding a security clearance and expressed intent to continue its use, despite its illegality under federal law.
The judge found insufficient evidence of rehabilitation or commitment to abstain from drug use, leading to questions about the applicant's reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement
AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedDec 14, 2023
Answer filedJan 11, 2024Applicant elected to have the case decided on the written record.
Hearing held—Case was decided on the written record.
Decision dateAug 9, 2024

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Failure to Demonstrate Rehabilitation or Commitment to Abstain From Drug Use
Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant violated company policies regarding illegal drug use, specifically marijuana, which is prohibited by his employer. The applicant expressed an intent to continue using marijuana despite its federal illegality and company policy prohibitions. As a result, the judge ruled against the applicant on all allegations under Guideline E.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	You violated company policy as detailed in paragraph 1.c., above, despite being on notice that your employer [XYZ], a U.S. federal contractor, required all its employees to comply with federal law.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
2.b	On various occasions, at least as recently as October 2023, you violated your current employer’s company policy, [ABC], a U.S. federal contractor, that prohibits its employees’ use of illegal drugs, including marijuana.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
2.c	You have expressed an intent to continue to use marijuana, even though it is federally illegal and your current employer, [ABC], a U.S. federal contractor, prohibits its employees’ use of illegal drugs.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant used marijuana with varying frequency from 2018 to May 2021 while holding a security clearance. This conduct was deemed inconsistent with the national security interests, leading to a denial of the applicant's eligibility for a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.c	In or about at least 2018 through at least May 2021, you used marijuana with varying frequency, while in a sensitive position, i.e., one requiring a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	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.