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ISCR Case 23-02934 — CASE

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ISCR Case 23-02934

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

Case Profile
Decision Date8/28/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case ISCR Case No. 23-02934) →
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Aubrey M. DeAngelis
Case Summary
The applicant in this case was a 40-year-old individual who had been employed by a federal contractor since November 2019. The Department of Defense issued a Statement of Reasons (SOR) on February 26, 2024, citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The core allegations included a positive drug test for marijuana in October 2019, failure to disclose past marijuana use on security clearance applications, and continued marijuana use while holding a security clearance.
The applicant admitted to the allegations in the SOR, explaining that he had used marijuana since 2006 and had tested positive for it prior to his employment with the federal contractor. He acknowledged his misunderstanding regarding the requirement to report his marijuana use and stated that he believed it was permissible due to state laws. Despite his admissions, he continued to use marijuana while holding a security clearance until at least January 2024. The applicant expressed a willingness to cease use if required but did not demonstrate a clear commitment to abstain from marijuana use until after the SOR was issued.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to drug involvement and substance misuse. The judge noted that the applicant's continued use of marijuana after being informed of its inconsistency with holding a security clearance indicated a lack of reliability and trustworthiness. The judge emphasized that the applicant's admissions and explanations did not sufficiently address the disqualifying conditions outlined in the adjudicative guidelines, leading to the denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-02934

deniedAug 28, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 40-year-old federal contractor was denied a security clearance under Guideline H (Drug Involvement) due to admitted daily marijuana use and purchases. The Statement of Reasons alleged the applicant used and purchased marijuana from October 2006 to December 2021, and continued both activities from December 2021 to January 2024 while holding a sensitive position with a security clearance. Additionally, the applicant tested positive for marijuana in October 2019.

The applicant admitted to daily marijuana use since 2013, legally purchasing it in his state. However, the judge found that he failed to demonstrate a commitment to cease use, despite being aware of the implications for his security clearance.

The denial was based on the applicant's admitted daily marijuana use while holding a security clearance and his failure to commit to ceasing drug use. These actions raised significant doubts about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana daily while holding a security clearance.
He failed to demonstrate a clear commitment to cease drug use despite being aware of the implications for his security clearance.
The applicant's actions raised significant doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement and Substance Misuse

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 issuedFeb 26, 2024
Answer filedApr 5, 2024Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decision made on the written record.
Decision dateAug 28, 2024

Cite For

Failure to Mitigate Drug Involvement Under Guideline H
Significant Doubts About Reliability Due to Continued Drug Use
Importance of Clear Commitment to Cease Substance Misuse for 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 had a history of marijuana use and purchases, including while holding a security clearance. The applicant's positive drug test for marijuana and continued use during his clearance raised significant security concerns, leading to a denial of his application.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used and purchased marijuana from October 2006 to December 2021.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	From December 2021 to January 2024, Applicant used marijuana while holding a sensitive position in which he held a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.c	From December 2021 to December 2023, Applicant purchased marijuana on various occasions while holding a sensitive position in which he held a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.d	Applicant tested positive for marijuana in October 2019.	Against Applicant	Drug Test Failure	Not Applicable	Denied with Explanation	—	—	—

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.