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ISCR Case 24-00251 — CASE

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ISCR Case 24-00251

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

Case Profile
Decision Date7/25/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Alison P. O'Connell
Case Summary
The applicant in this case was a 38-year-old individual who had been employed by a federal contractor since 2016. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The core allegations included the applicant's illegal use of marijuana from 2003 to January 2024 and his expressed intent to continue using marijuana in the future, despite acknowledging its illegality under federal law.
The applicant admitted to the allegations in the SOR, confirming his marijuana use and stating that he intended to continue using it, citing its legality in his home state. He later indicated a willingness to abstain from marijuana use if granted a security clearance. However, he did not provide any mitigating evidence or respond to the Government's file of relevant material. The administrative judge noted that the applicant's history of drug use, particularly his continued use after being informed of its illegality under federal law, raised significant concerns about his reliability and trustworthiness.
Ultimately, the administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to drug involvement. The judge emphasized that the applicant's past behavior, including his acknowledgment of the illegality of marijuana use under federal law and his continued use until January 2024, did not support a finding of eligibility for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 24-00251

deniedJul 25, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 38-year-old federal contractor was denied a security clearance under Guideline H (Drug Involvement) due to his admitted and ongoing marijuana use. The applicant acknowledged using marijuana illegally from 2003 until January 2024. A primary concern was his expressed intent to continue this drug involvement, despite its conflict with federal law, even though it is legal in his state of residence.

The judge determined that the applicant's stated intention to continue using marijuana raised significant doubts about his reliability and trustworthiness. Furthermore, the applicant failed to present adequate evidence of rehabilitation or a firm commitment to abstain from future drug use. His statements regarding potential abstinence were viewed as contingent upon receiving the clearance, which undermined his credibility.

Consequently, the applicant did not mitigate the security concerns related to his drug involvement and substance misuse. The decision highlighted the lack of a credible commitment to abstain from drug use, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to illegal marijuana use from 2003 to January 2024 and expressed intent to continue using it, raising concerns about reliability and trustworthiness.
The applicant did not provide evidence of rehabilitation or a commitment to abstain from drug use, undermining his credibility.
The applicant's statements regarding future abstinence were deemed contingent upon receiving a security clearance, which was not credible.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement

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 issuedMar 8, 2024
Answer filedMar 19, 2024
Hearing held—Decided on the written record.
Decision dateJul 25, 2024

Cite For

Denial of Security Clearance Due to Ongoing Drug Use Under Guideline H
Failure to Demonstrate Rehabilitation or Intent to Abstain From Drug Use
Credibility Issues Regarding Applicant's Statements About Future Drug Use Intentions

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 illegally used marijuana from 2003 to January 2024 and expressed intent to continue drug involvement. The applicant's drug use was deemed recent and insufficient abstinence was established, leading to a decision against the applicant on both allegations.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant illegally used marijuana from 2003 to January 2024.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Applicant expressed intent to continue drug involvement and substance misuse.	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	—	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.