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ISCR Case 24-00471 — CASE

Case record

ISCR Case 24-00471

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

Case Profile
Decision Date12/30/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: LeRoy F. Foreman
Government Counsel: George A. Hawkins
Case Summary
The applicant in this case was a 30-year-old production expediting manager at an applied physics laboratory involved in Department of Defense (DOD) classified projects. He applied for a security clearance and initially disclosed marijuana use during high school and college, as well as social use from 2016 to 2019. However, a subsequent security clearance application revealed that he had not fully disclosed his marijuana use, which included instances from December 2022 to June 2023. The Statement of Reasons (SOR) alleged security concerns under Guideline H (Drug Involvement and Substance Abuse), citing his marijuana use during periods when he had access to classified information.
The applicant admitted to the allegations in the SOR, acknowledging his marijuana use and expressing a commitment to abstain from further use. He indicated a willingness to undergo drug testing and to distance himself from environments where drug use occurred. However, the administrative judge found that the applicant's drug use was recent and frequent, undermining his credibility regarding his intent to abstain. The judge noted that the applicant did not provide evidence of significant behavioral changes or a clear plan to avoid future drug use.
Ultimately, the administrative judge ruled against the applicant, concluding that he had not sufficiently mitigated the security concerns related to his drug involvement. The judge emphasized that the applicant's admissions and the lack of evidence demonstrating a change in behavior or environment led to the decision to deny eligibility for access to classified information, as it was not consistent with national security interests.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 24-00471

deniedDec 30, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 30-year-old production expediting manager was denied a security clearance under Guideline H (Drug Involvement) due to admitted frequent marijuana use. The Statement of Reasons detailed that the applicant used marijuana from January 2012 to approximately June 2023, and specifically from February 2022 to June 2023 while already granted access to classified information. These actions raised disqualifying conditions under Adjudicative Guidelines paragraphs 25(a) and 25(c).

While mitigating conditions under paragraphs 26(a) and 26(b) were considered, they were not sufficient to overcome the security concerns. The applicant's admitted long-term and frequent marijuana use raised significant questions about his reliability and trustworthiness.

Despite the applicant's claims of abstinence and willingness to undergo drug testing, the judge found a lack of credible evidence demonstrating rehabilitation or a sufficient change in circumstances. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant admitted to frequent marijuana use over an extended period, raising reliability and trustworthiness concerns.
The applicant's claims of abstaining from drug use were deemed insufficient without credible evidence of rehabilitation or a change in circumstances.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(c)rejectedIllegal Possession of a Controlled SubstanceThe judge found no evidence that the applicant had actual access to classified information.

Mitigating

AG ¶ 26(a)rejectedBehavior Happened so Long Ago, Infrequent, or Unlikely to RecurThe applicant's drug use was recent and frequent.
AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemThe applicant's credibility regarding his intent to abstain was questioned, and he provided no evidence of a change in environment.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedJul 9, 2024
Answer filedJul 15, 2024
Hearing held—Applicant requested a decision on the written record.
Decision dateDec 30, 2024

Cite For

Denial of Security Clearance Due to Recent and Frequent Drug Use Under Guideline H
Insufficient Evidence of Rehabilitation or Change in Circumstances for Drug Involvement
Credibility Issues Regarding Applicant's Intent to Abstain From Drug Use

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 used marijuana with varying frequency from January 2012 to about June 2023, which raised security concerns. Although the applicant admitted to using marijuana while holding access to classified information, the judge ultimately ruled against the applicant on this allegation, citing concerns about the applicant's credibility and commitment to abstain from further use.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from January 2012 to about June 2023.	Against Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	Claimed Acknowledgment and Remorse
1.b	Applicant used marijuana from February 2022 to about June 2023 while granted access to classified information.	For Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	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.