CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 23-02360 — CASE

DOHA Record Explorer

ISCR Case 23-02360

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

Case Profile
Decision Date4/17/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Tovah Minister
Case Summary
The applicant in this case was a 37-year-old federal contractor who sought a security clearance but faced allegations under Guideline H, concerning drug involvement and substance misuse, and Guideline E, related to personal conduct. The Statement of Reasons (SOR) indicated that the applicant had failed to disclose his illegal use of marijuana on his security clearance application, despite admitting to its use and purchase over several years. The applicant contended that he did not consider his marijuana use illegal due to state laws permitting it.
The administrative judge found that the applicant admitted to using and purchasing marijuana since 2018, with regular use occurring from 2021 onward. He acknowledged his failure to disclose this information on his application but claimed it was an oversight based on his understanding of state legality. The judge noted that the applicant expressed an intent to continue using marijuana, which raised concerns about his reliability and trustworthiness under federal law, despite his assertions that it did not affect his work performance.
Ultimately, the administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns associated with his drug involvement. The judge emphasized that the applicant's continued use of marijuana, which remains illegal federally, and his lack of commitment to abstain from such use were significant factors in the decision to deny eligibility for access to classified information.
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.
Finding similar decisions…

Case Headnote

ISCR Case No. 23-02360

deniedApr 17, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 37-year-old federal contractor was denied a security clearance, primarily due to drug involvement under Guideline H. While initial concerns regarding personal conduct (Guideline E) were resolved in his favor, the applicant's admitted marijuana use, which is federally illegal, proved to be the decisive factor.

The applicant openly stated his intent to continue using marijuana, despite its federal illegality. This stance was deemed to undermine his reliability and trustworthiness, raising significant security concerns. Although the judge found the applicant's explanations credible, the failure to demonstrate a commitment to discontinue drug use led to the denial.

Specifically, the applicant failed to mitigate the Guideline H concerns related to drug involvement and substance misuse. The denial was based on the applicant's admission of federally illegal marijuana use and his expressed intent to continue this use, indicating a lack of commitment to discontinue such activities.

Why the Applicant Was Denied

The applicant admitted to using marijuana, which is illegal under federal law.
He expressed intent to continue using marijuana despite its federal illegality.
The applicant failed to demonstrate a commitment to discontinue drug use.

Conditions Referenced

Disqualifying

AG ¶ 24raisedDrug Involvement and Substance Misuse
AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement

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 issuedNov 15, 2023
Answer filedNov 28, 2023Applicant elected to have the case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateApr 17, 2024

Cite For

Denial of Security Clearance Due to Ongoing Drug Use Under Guideline H
Credibility of Applicant's Explanations Regarding Drug Use
Resolution of Personal Conduct Concerns Under Guideline E in Favor of Applicant

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 personal conduct security concerns were not established against the applicant. The applicant's failure to disclose his marijuana use was deemed not deliberate, leading to a favorable finding on the personal conduct allegation. However, the overall security clearance was denied based on other factors.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The Guideline E, personal conduct security concerns were not established.	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

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 against the applicant regarding drug involvement and substance misuse, specifically related to marijuana use. The applicant admitted to using marijuana regularly and did not disclose this on his security clearance application, leading to a denial of eligibility for a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant failed to mitigate the Guideline H, drug involvement and substance misuse.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—

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.