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ISCR Case 24-00006 — CASE

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ISCR Case 24-00006

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

Case Profile
Decision Date12/18/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Pamela C. Benson
Government Counsel: Sakeena Farhath
Case Summary
The applicant in this case was a 25-year-old engineer employed by a federal contractor, who applied for a Department of Defense (DOD) security clearance. The adjudicative guidelines at issue were under Guideline H, concerning Drug Involvement and Substance Misuse. The Statement of Reasons (SOR) alleged that the applicant used and purchased marijuana from July 2022 to May 2024, including during the time he held an interim security clearance.
The applicant admitted to the allegations in the SOR, stating that he used marijuana to manage insomnia and obtained a medical marijuana card in his state. He acknowledged that he did not disclose his marijuana use on his security clearance application due to a misunderstanding of its legality under federal law. Despite being informed that marijuana use could jeopardize his security clearance, he continued to use it until May 2024, when he ceased use and provided a negative drug test.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to his drug involvement. The judge noted that the applicant's continued use of marijuana while holding a sensitive position, along with his inconsistent explanations regarding his understanding of federal law, demonstrated a lack of reliability and trustworthiness. The judge found that the applicant's behavior was recent and did not meet the criteria for mitigation, ultimately denying 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. 24-00006

deniedDec 18, 2024· Hon. Pamela C. Benson· hearing

Summary

A 25-year-old engineer was denied a security clearance under Guideline H (Drug Involvement) due to admitted marijuana use and purchases. The applicant used marijuana, with varying frequency, from approximately July 2022 to May 2024, and also purchased it during this period. Notably, this activity continued from about February 2023 to at least May 2024, while the applicant held an interim security clearance and a sensitive position.

The denial was based on several factors. The applicant admitted to both using and purchasing marijuana while holding an interim security clearance. The judge determined that this continued use demonstrated unreliability and poor judgment regarding compliance with federal law, despite the applicant obtaining a medical marijuana card.

Ultimately, the applicant failed to establish a pattern of abstinence or provide sufficient evidence of rehabilitation. These actions were deemed inconsistent with the responsibilities of a sensitive position, leading to the denial of eligibility for access to classified information.

Why the Applicant Was Denied

The applicant admitted to using and purchasing marijuana while holding an interim security clearance.
The applicant's continued use of marijuana demonstrated unreliability and poor judgment regarding compliance with federal law.
The applicant failed to establish a pattern of abstinence or provide sufficient evidence of rehabilitation.

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

Key Rule Quoted

“The illegal use of controlled substances . . . can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.”

Procedural Posture

SOR issuedMay 31, 2024
Answer filedJul 3, 2024
Hearing heldOct 2, 2024via video teleconference
Decision dateDec 18, 2024

Cite For

Denial of Security Clearance Due to Recent Drug Involvement Under Guideline H
Impact of Illegal Drug Use on Security Clearance Eligibility
Consideration of Federal Law Superseding State Law in Drug Use 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 H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant used marijuana with varying frequency from July 2022 to May 2024, including while holding a sensitive position. The applicant's admissions and actions were deemed inconsistent with national security interests, leading to a denial of the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana, with varying frequency, from about July 2022 to about May 2024.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.b	Applicant purchased marijuana during that same period.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.c	Applicant used and purchased marijuana, with varying frequency, from about February 2023 to at least May 2024, while holding a sensitive position.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—

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.