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ISCR Case 23-02805 — CASE

Case record

ISCR Case 23-02805

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

Case Profile
Decision Date9/26/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Gregg A. Cervi
Government Counsel: Dan O'Reilley
Case Summary
The applicant in this case was a 38-year-old customer support representative seeking a security clearance sponsored by a defense contractor. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing security concerns under Guideline H (Drug Involvement and Substance Misuse), specifically alleging that the applicant had used marijuana from 2016 until April 2023 and had tested positive for marijuana in September 2022 during an employer-administered drug test.
The applicant admitted to the allegations in the SOR, explaining that her marijuana use was medically prescribed for post-traumatic stress disorder (PTSD) following a traumatic incident in 2008. She claimed to have stopped using marijuana in April 2023 to pursue the security clearance and stated that she does not associate with drug users. However, the administrative judge noted that the applicant did not provide sufficient evidence to demonstrate her continued abstinence from marijuana or her commitment to refrain from future use, particularly after she failed to respond to the FORM and did not clearly affirm her cessation of use when given the opportunity.
The administrative judge ruled to deny the applicant's eligibility for a security clearance, concluding that the applicant's history of marijuana use, including a positive drug test, raised significant concerns about her reliability and trustworthiness. The judge emphasized that federal law prohibits marijuana use, regardless of state laws permitting it, and found that the applicant did not meet the burden of proof required to mitigate the security concerns raised by her drug involvement.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-02805

deniedSep 26, 2024· Hon. Gregg A. Cervi· hearing

Summary

A 38-year-old customer support representative was denied a security clearance under Guideline H (Drug Involvement) due to her admitted marijuana use. The applicant stated she used marijuana from 2016 to April 2023, including medical cannabis three times per week during that period. This was corroborated by a positive hair follicle drug test administered by her employer in September 2022.

The denial was based on the applicant's failure to demonstrate a clear commitment to future abstinence from drug use. Specifically, she did not convincingly indicate that she had ceased all marijuana use and intended to abstain moving forward.

Furthermore, the applicant did not respond to a form that would have provided an opportunity to clarify her current status regarding marijuana use. Consequently, the judge found insufficient evidence to mitigate the concerns raised under Guideline H, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana from 2016 to April 2023, including a positive drug test in September 2022.
She failed to convincingly indicate that she has ceased all marijuana use and intends to abstain in the future.
The applicant did not respond to the FORM, which included an opportunity to clarify her current status regarding marijuana use.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(b)raisedTesting Positive for an Illegal Drug

Key Rule Quoted

“The illegal use of controlled substances... can raise questions about an individual’s reliability and trustworthiness.”

Procedural Posture

SOR issuedFeb 1, 2024
Answer filed—Applicant requested a decision on the written record without a hearing.
Hearing held—Decision made on the written record.
Decision dateSep 26, 2024

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Insufficient Evidence of Commitment to Abstain From Drug Use
Impact of Positive Drug Tests on Security Clearance Eligibility

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 marijuana from 2016 to April 2023 and tested positive for marijuana in September 2022. The applicant admitted to using medical cannabis three times per week during this period. The judge concluded that the applicant did not demonstrate sufficient evidence to mitigate the concerns regarding her drug involvement, resulting in a denial of her security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from 2016 to April 2023 and tested positive for marijuana on a hair follicle drug test administered by her employer in September 2022.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	Claimed Acknowledgment and Remorse
1.b	Applicant admitted to using medical cannabis three times per week from 2016 to April 2023.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	Claimed Acknowledgment and Remorse

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.