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ISCR Case 23-02893 — CASE

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ISCR Case 23-02893

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

Case Profile
Decision Date10/29/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Edward W. Loughran
Government Counsel: Karen A. Moreno-Sayles, Cassie L. Ford
Applicant's Counsel: Alan V. Edmunds
Case Summary
The applicant in this case was a 35-year-old employee of a defense contractor who sought a security clearance after previously holding one from 2012 until 2018. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H, specifically related to drug involvement and substance misuse. The allegations included the applicant's history of illegal drug use, including marijuana, hallucinogenic mushrooms, and cocaine, while he held a security clearance and worked on classified programs.
During the proceedings, the applicant admitted to using various illegal substances, including marijuana and cocaine, while in a sensitive position. He claimed to have stopped using drugs in October 2022 and provided evidence of passing multiple drug tests and completing online courses about drug abuse. However, he also expressed a lack of awareness regarding the incompatibility of drug use with holding a security clearance, which the administrative judge found difficult to accept. The judge noted that the applicant's past drug use raised concerns about his reliability and judgment.
Ultimately, the administrative judge ruled against the applicant, concluding that he did not mitigate the security concerns under Guideline H. The judge emphasized that the applicant's drug involvement continued to cast doubt on his current reliability and trustworthiness, and none of the mitigating conditions sufficiently addressed the concerns raised by his past behavior.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-02893

deniedOct 29, 2024· Hon. Edward W. Loughran· hearing

Summary

A 35-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant used marijuana, mushrooms, and cocaine with varying frequency from approximately October 2012 to 2018, while holding a sensitive position and a security clearance.

Disqualifying conditions under Guideline H were raised, specifically AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(f). While mitigating conditions AG ¶ 26(a) and AG ¶ 26(b) were applied, they were insufficient to overcome the security concerns.

The denial was based on the applicant's use of illegal drugs while holding a security clearance and working on classified projects. The administrative judge found the applicant's claims of naivete regarding drug use and security clearance compatibility to be not credible. Ultimately, the applicant's past drug involvement continued to cast doubt on his current reliability, trustworthiness, and good judgment.

Why the Applicant Was Denied

The applicant used illegal drugs while holding a security clearance and working on classified projects.
The applicant's claims of naivete regarding drug use and security clearance compatibility were not credible.
The applicant's drug involvement continued to cast doubt on his current reliability, trustworthiness, and good judgment.

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)rejectedBehavior Happened so Long Ago or InfrequentlyThe applicant's drug use occurred while he held a security clearance.
AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemThe applicant's past drug use while holding a clearance outweighed his claims of rehabilitation.

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 27, 2023
Answer filedFeb 1, 2024
Hearing heldOct 8, 2024
Decision dateOct 29, 2024

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Credibility Issues Regarding Applicant's Understanding of Drug Use and Security Clearance
Importance of Past Conduct in Evaluating Current 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: HearingDecided: denied

The judge found that the applicant had a history of illegal drug use, including marijuana, mushrooms, and cocaine, while holding a security clearance. Despite some evidence of remorse and attempts at rehabilitation, the judge concluded that the applicant did not mitigate the security concerns related to drug involvement, resulting in a denial of eligibility for access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.e	You used marijuana, mushrooms, and cocaine with varying frequency, from about October 2012 to about 2018, while holding a sensitive position, i.e., one in which you held a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Denied	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.e	You used marijuana, mushrooms, and cocaine with varying frequency, from about October 2012 to about 2018, while holding a sensitive position, i.e., one in which you held a security clearance.	Against Applicant	PsilocybinWHILE CLEARED	Frequent	Denied	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.e	You used marijuana, mushrooms, and cocaine with varying frequency, from about October 2012 to about 2018, while holding a sensitive position, i.e., one in which you held a security clearance.	Against Applicant	CocaineWHILE CLEARED	Occasional	Denied	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—

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.