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ISCR Case 23-02639 — CASE

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ISCR Case 23-02639

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

Case Profile
Decision Date9/12/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Pamela C. Benson
Government Counsel: Karen A. Moreno-Sayles
Applicant's Counsel: Christopher Snowden
Case Summary
The applicant in this case was a 31-year-old software engineer who had held a Department of Defense (DOD) security clearance since 2015. The adjudicative guidelines at issue were Guideline H (Drug Involvement and Substance Misuse) and Guideline E (Personal Conduct). The Statement of Reasons (SOR) alleged that the applicant had used and purchased marijuana while holding a security clearance and had failed to disclose this information on his security clearance application, which raised concerns about his reliability and trustworthiness.
During the proceedings, the applicant admitted to using marijuana approximately every three to four months from late 2021 until May 2023 but denied that his actions constituted illegal drug use, believing that state law permitted his behavior. He acknowledged failing to disclose his marijuana use on his application but contended that this was not a deliberate act of deception, as he misunderstood the legal implications of federal versus state law. The applicant provided evidence of his intent to abstain from marijuana use in the future, including a signed statement and negative drug test results.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the security concerns under Guideline H and refuted the allegations under Guideline E. The judge noted the applicant's acknowledgment of his misunderstanding, his proactive steps to comply with security requirements, and the positive character references provided, which contributed to the decision to grant him eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-02639

grantedSep 12, 2024· Hon. Pamela C. Benson· hearing

Summary

A 31-year-old software engineer was granted a security clearance despite initial concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons alleged that the applicant used and purchased marijuana from 2021 to approximately May 2023 while in a sensitive position, and that he falsified his December 2022 Security Clearance Application by not disclosing this use.

The applicant successfully mitigated these concerns by demonstrating a clear commitment to federal law compliance. He ceased all marijuana use in May 2023 upon realizing its federal illegality, despite its legality in his state. He further provided a signed statement of intent to abstain from drug use, submitted negative drug tests, and offered positive character references as evidence of rehabilitation.

The judge found the applicant's actions and sincerity credible, concluding that he had successfully addressed the disqualifying conditions. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The applicant ceased marijuana use in May 2023 after realizing it was illegal under federal law despite being legal in his state.
He demonstrated a commitment to compliance with security regulations by submitting a signed statement of intent to abstain from drug use.
The applicant provided evidence of rehabilitation, including negative drug tests and positive character references.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information

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, Provides Evidence of Actions to Overcome the Problem

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJan 29, 2024
Answer filedMar 14, 2024
Hearing heldJul 9, 2024
Decision dateSep 12, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H Due to Misunderstanding of Federal Law
Refutation of Personal Conduct Concerns Under Guideline E Based on Sincerity and Evidence of Rehabilitation
Importance of Demonstrating a Commitment to Compliance with Security Regulations in Security Clearance Cases.

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: HearingDecided: granted

The judge found that the applicant falsified his December 2022 SCA by not disclosing marijuana use. However, the judge concluded that the applicant mitigated the security concerns and ruled in favor of the applicant on this allegation.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant falsified his December 2022 SCA by not disclosing marijuana use.	For Applicant	Falsification Security FormNOT DELIBERATE	Drug Involvement	Admitted	—	(a) prompt, good-faith correction before being confronted	Claimed Corrected Falsification Promptly

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: HearingDecided: granted

The judge found that the applicant used and purchased marijuana with varying frequency from 2021 to May 2023 while holding a sensitive position. However, the judge concluded that the applicant successfully mitigated the security concerns related to drug involvement, resulting in a decision to grant the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used and purchased marijuana with varying frequency, from 2021 to about May 2023, while holding a sensitive position.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Denied	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented 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.