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ISCR Case 23-02381 — CASE

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ISCR Case 23-02381

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

Case Profile
Decision Date5/2/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Candace Le'i Garcia
Government Counsel: Aubrey M. De Angelis
Case Summary
The applicant in this case was a 36-year-old former U.S. Navy service member who sought a security clearance after being discharged under other than honorable conditions due to misconduct related to drug use. The Department of Defense issued a Statement of Reasons citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The core allegations included the applicant's purchase and use of products containing tetrahydrocannabinol (THC) while holding a sensitive position and testing positive for THC in a urinalysis.
The applicant admitted to the allegations, explaining that she used CBD edibles containing THC from March to June 2022 to self-medicate for joint pain. She acknowledged her actions set a poor example for junior sailors and expressed remorse. However, she also provided conflicting explanations regarding her drug use during various inquiries, which raised doubts about her reliability and judgment. Although she signed a statement of intent to abstain from illegal drug use, the administrative judge found that she had not established a pattern of abstinence since her last use in June 2022.
The administrative judge ruled against the applicant, concluding that the mitigating conditions were not sufficiently established. The judge noted that the applicant's conflicting accounts and the recency of her drug use continued to cast doubt on her current reliability and trustworthiness. Consequently, the applicant's eligibility for access to classified information was denied, emphasizing the need for a longer period of demonstrated abstinence from drug use.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-02381

deniedMay 2, 2024· Hon. Candace Le'i Garcia· hearing

Summary

Candace Le’i Garcia, a 36-year-old former U.S. Navy service member, was denied a security clearance due to drug involvement and substance misuse under Guideline H. The Statement of Reasons alleged that Ms. Garcia used CBD edibles containing THC from March 2022 to June 2022 while in a sensitive Navy position, and that she failed a urinalysis test in approximately March 2022, testing positive for THC.

Disqualifying conditions related to drug involvement were raised, specifically concerning illegal drug use, a pattern of drug use, and failure to follow treatment or counseling. While a mitigating condition for a demonstrated intent to refrain from future drug use was considered, it was ultimately not sufficient.

The denial was based on Ms. Garcia's admission to using THC-containing CBD edibles while in a sensitive position and her positive THC test in March 2022. The judge concluded that her explanations were inconsistent and she failed to establish a pattern of abstinence, raising doubts about her reliability and trustworthiness.

Why the Applicant Was Denied

Applicant admitted to using THC-containing CBD edibles while holding a sensitive position.
Applicant tested positive for THC in March 2022, confirming drug involvement.
The judge found that the applicant's explanations were inconsistent and did not establish a pattern of abstinence.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Sensitive Position

Mitigating

AG ¶ 26(b)(3)appliedStatement of Intent to Abstain From Drug InvolvementApplicant provided a signed statement of intent to abstain from all illegal 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 issuedOct 30, 2023
Answer filedDec 1, 2023Applicant elected to have the case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateMay 2, 2024

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Importance of Establishing a Pattern of Abstinence for Mitigating Drug-related Concerns
Consideration of Conflicting Explanations in Assessing Reliability and Trustworthiness.

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 that the applicant used CBD edibles containing THC while holding a sensitive position in the Navy and tested positive for THC. The judge ruled against the applicant on both allegations, concluding that the evidence raised doubts about her eligibility for a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used CBD edibles containing THC from March 2022 to June 2022, while holding a sensitive position in the Navy, and she tested positive for THC in March 2022.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	Claimed Signed Intent with Revocation Clause
1.b	Applicant failed a urinalysis test in about March 2022 when she tested positive for THC.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	Claimed 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.