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ISCR Case 23-02378 — CASE

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ISCR Case 23-02378

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

Case Profile
Decision Date7/12/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Adrienne M. Driskill
Case Summary
The applicant in this case was a 48-year-old individual employed by a federal contractor since 2021, who sought a security clearance after transferring to a government team in March 2023. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H, related to drug involvement and substance misuse, specifically alleging the applicant's failure to disclose prior illegal drug use on his security clearance application.
The applicant admitted to using marijuana gummies on one occasion in February 2023, which he clarified was a single event rather than multiple instances as initially alleged. He stated that he was unaware that his use was illegal under federal law, as it was legal in the state where he resided. The applicant expressed that he no longer associates with the individual who provided the marijuana and has no intention of using controlled substances in the future. He offered to undergo drug testing to demonstrate his commitment to abstinence.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the security concerns under Guideline H. The judge found that the applicant's marijuana use occurred under circumstances unlikely to recur and did not cast doubt on his current reliability or trustworthiness. The applicant's proactive steps to disassociate from drug-using associates and his clear intent to abstain from future drug use contributed to the decision to grant him eligibility for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-02378

grantedJul 12, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 48-year-old federal contractor was granted eligibility for access to classified information despite concerns raised under Guideline H (Drug Involvement). The Statement of Reasons alleged a single instance of marijuana use in February 2023, which triggered disqualifying conditions AG ¶ 25(a) and AG ¶ 25(c).

However, the Administrative Judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b). The Judge determined that the applicant's marijuana use was infrequent and occurred under circumstances unlikely to recur. Furthermore, the applicant had disassociated from drug-using associates and expressed no intention of future drug use.

The applicant acknowledged his past drug involvement and demonstrated a commitment to abstain from future use. Based on these factors, the Administrative Judge concluded that the security concerns were mitigated, and the applicant was granted a security clearance.

Why the Applicant Prevailed

The applicant's marijuana use was infrequent and occurred under circumstances unlikely to recur.
The applicant has disassociated from drug-using associates and has no intention of future drug use.
The applicant acknowledged his past drug involvement and demonstrated a commitment to abstain from future use.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse

Key Rule Quoted

“The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness.”

Procedural Posture

SOR issuedDec 15, 2023
Answer filedDec 20, 2023Applicant elected to have the case decided on the written record.
Hearing heldJul 12, 2024
Decision dateJul 12, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Disassociation From Drug-using Associates as a Mitigating Factor
Consideration of Infrequent Drug Use 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 used marijuana on one occasion in February 2023. The applicant admitted to the use and stated it was a one-time occurrence, clarifying that he consumed two marijuana gummies on the same day. The judge concluded that the applicant mitigated the security concerns related to drug involvement and substance misuse, resulting in a granted decision.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana on one occasion in February 2023.	For Applicant	Marijuana	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	—

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.