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ISCR Case 24-00457 — CASE

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ISCR Case 24-00457

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

Case Profile
Decision Date12/13/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Braden M. Murphy
Government Counsel: Cassie L. Ford
Applicant's Counsel: Patrick K. Korody
Case Summary
The applicant in this case was a 49-year-old former senior master sergeant in the U.S. Air Force, who sought a security clearance after her military retirement. The Department of Defense issued a Statement of Reasons citing concerns under Guideline H (drug involvement and substance misuse) and Guideline J (criminal conduct), specifically alleging her use of marijuana while employed in a sensitive position. The applicant denied the allegations, asserting that her marijuana use was solely for medical purposes to treat chronic pain and occurred while she was unemployed.
Key facts established during the hearing included the applicant's credible testimony regarding her medical marijuana use from July 2020 to April 2021, which she maintained was in compliance with state law. She admitted to knowing that marijuana use was illegal under federal law but emphasized that she did not use it while in a sensitive position. The evidence supported her claims that her marijuana use was limited and for medicinal purposes, and she had since ceased using it, finding it ineffective. Character witnesses testified to her reliability and moral character.
The administrative judge ruled in favor of the applicant, concluding that the mitigating factors outweighed the security concerns. The judge noted that the applicant had abstained from illegal drug use for an appropriate period and demonstrated a commitment to treating her medical conditions through legal means. The judge found that granting her access to classified information was consistent with the national interest, leading to a decision in her favor.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
- Guideline JCriminal Conduct · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 24-00457

grantedDec 13, 2024· Hon. Braden M. Murphy· hearing

Summary

This case concerns a 49-year-old former U.S. Air Force senior master sergeant whose security clearance was challenged under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The Statement of Reasons alleged marijuana use from approximately July 2020 to March 2022 while in a sensitive position, and related criminal conduct. Disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 31(b) were raised.

However, the judge found that the applicant's marijuana use was exclusively for medical purposes and occurred during a period of unemployment. She had ceased using marijuana in April 2021 and affirmed no intent for future use. Mitigating conditions AG ¶ 26(a), AG ¶ 26(b), AG ¶ 32(a), and AG ¶ 32(d) were applied.

The decision highlighted the applicant's demonstrated strong character and reliability, supported by credible witness testimony. Ultimately, the judge concluded that her past medical marijuana use no longer posed a security concern, and her eligibility for access to classified information was GRANTED.

Why the Applicant Prevailed

The applicant's marijuana use was solely for medical purposes and occurred while she was unemployed.
She had not used marijuana since April 2021 and had no intention of future use.
The applicant demonstrated strong character and reliability through credible witness testimony.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedIllegal Use of Drugs
AG ¶ 25(c)raisedPurchase of Illegal Drugs
AG ¶ 31(b)raisedCriminal Conduct

Mitigating

AG ¶ 26(a)appliedThe Drug Involvement Was Not Recent and Was for Medical Purposes
AG ¶ 26(b)appliedThe Applicant Has Demonstrated a Commitment to Abstain From Illegal Drug Use
AG ¶ 32(a)appliedThe Applicant Has a History of Responsible Behavior
AG ¶ 32(d)appliedThe Applicant Has Shown Evidence of Rehabilitation

Key Rule Quoted

“The security concerns over Applicant’s medical marijuana use no longer create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information.”

Procedural Posture

SOR issuedApr 9, 2024
Answer filedApr 19, 2024
Hearing heldNov 20, 2024via video-teleconference
Decision dateDec 13, 2024

Cite For

Medical Marijuana Use Under Guideline H
Abstinence From Illegal Drug Use as a Mitigating Factor
Character Evidence Supporting 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: HearingDecided: granted

The judge addressed concerns regarding the applicant's alleged use of marijuana from July 2020 to March 2022 while employed in a sensitive position. Ultimately, the judge found that the government could not meet its burden of proof regarding the allegations, and the applicant demonstrated credible evidence of using marijuana solely for medical purposes while unemployed. The outcome was granted, indicating the applicant's eligibility for access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant's alleged use of marijuana from about July 2020 to about March 2022 while employed in a sensitive position.	For Applicant	Marijuana	Occasional	Denied	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Claimed Substance Treatment Completed Claimed Abstinence Period Documented Claimed Rehabilitation Evidence

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant's marijuana use was solely for medical purposes and occurred while she was unemployed, thus not in a sensitive position. The judge concluded that the applicant had abstained from illegal drug use for an appropriate period and was unlikely to use illegal drugs in the future, resulting in a granted decision.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Criminal conduct related to marijuana use.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	Documented Abstinence Period Documented Documented Rehabilitation Evidence

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.