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ISCR Case 23-02447 — CASE

Case record

ISCR Case 23-02447

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

Case Profile
Decision Date7/17/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Pamela C. Benson
Government Counsel: Jeff Kent
Applicant's Counsel: Chris Snowden
Case Summary
The applicant in this case was a 31-year-old individual employed by a Department of Defense (DOD) contractor, seeking a security clearance. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing concerns under Guideline H (drug involvement and substance misuse) and Guideline J (criminal conduct). The core allegations included the applicant's long-term use of marijuana, which he admitted to, and his expressed intent to continue using it despite acknowledging its illegality under federal law.
The applicant admitted to using marijuana since 2007, with his last use reported as November 2023. He claimed to have ceased use following the SOR but had previously indicated intentions to continue using marijuana for sleep aid purposes. He provided some documentation in mitigation, including a letter of recommendation and evidence of a negative drug test. However, the administrative judge found that the applicant did not present sufficient evidence to mitigate the security concerns related to his drug involvement, particularly given his ongoing intent to use marijuana and the lack of a demonstrated pattern of abstinence.
The administrative judge ruled against the applicant, denying eligibility for access to sensitive information. The decision emphasized that the applicant's drug use raised significant questions about his reliability and trustworthiness, and that the applicant failed to convincingly commit to discontinuing his drug involvement, which was critical in the context of national security considerations.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-02447

deniedJul 17, 2024· Hon. Pamela C. Benson· hearing

Summary

A 31-year-old applicant, employed by a Department of Defense contractor, was denied a security clearance under Guideline H (Drug Involvement) due to a history of marijuana use. The applicant admitted to using marijuana, including THC, on multiple occasions from approximately 2007 until November 2023.

The denial was based on several disqualifying conditions, including the applicant's regular marijuana use until late 2023, despite acknowledging its illegality under federal law. Although the applicant provided a signed statement of intent to abstain, he also expressed an intent to continue marijuana use in other statements, which undermined his claims of future abstinence.

Ultimately, the applicant failed to demonstrate a commitment to discontinue drug use. He did not provide sufficient evidence of a pattern of abstinence or disassociation from drug-using associates, leading to the conclusion that he posed a security risk. The security clearance was therefore denied.

Why the Applicant Was Denied

The applicant used marijuana regularly until November 2023, acknowledging its illegality under federal law.
He expressed intent to continue marijuana use in multiple statements, undermining claims of future abstinence.
The applicant did not provide sufficient evidence of a pattern of abstinence or disassociation from drug-using associates.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance 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 access to classified information will be resolved in favor of the national security.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedDec 1, 2023
Answer filedJan 25, 2024
Hearing held—Applicant opted for a decision based on the written record.
Decision dateJul 17, 2024

Cite For

Denial of Security Clearance Due to Ongoing Drug Use Under Guideline H
Failure to Demonstrate Commitment to Abstain From Drug Use
Importance of Evidence of Abstinence in Security Clearance Evaluations

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 against the applicant on multiple allegations of marijuana use, which occurred regularly and recently, undermining his security clearance eligibility. The applicant's claims of having ceased use were contradicted by his stated intent to continue using marijuana for sleep benefits, leading to a denial of his clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana, to include Tetrahydrocannabinol (THC), on multiple occasions from about 2007 to November 2023.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Denied	—	—	—
1.b	Applicant admitted SOR ¶ 1.b.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.c	Applicant admitted and denied, in part, SOR ¶ 1.c.	Against Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

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.