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ISCR Case 23-01723 — CASE

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ISCR Case 23-01723

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

Case Profile
Decision Date3/6/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Candace Le'i Garcia
Government Counsel: John G. Hannink
Case Summary
The applicant in this case was a 51-year-old self-employed writer who sought a security clearance from the Department of Defense. The Statement of Reasons (SOR) issued on August 31, 2023, raised concerns under Guideline H regarding drug involvement and substance misuse, specifically citing the applicant's long history of marijuana use, which she admitted began at age 12 and continued until September 2023. The applicant acknowledged her marijuana use in her security clearance application and during interviews, but she claimed she was not addicted and had ceased use in response to her job offer.
During the hearing, the applicant admitted to the allegations in the SOR and provided various explanations for her marijuana use, including its role in managing pain and insomnia. She expressed an intent to abstain from marijuana use in the future, particularly in relation to her prospective employment. However, the administrative judge found that the applicant did not sufficiently mitigate the security concerns related to her drug involvement. The judge ruled that the applicant's continued use of marijuana, despite being aware of its illegality and the implications for her security clearance, demonstrated a lack of judgment and reliability. Consequently, the applicant's eligibility for access to classified information was denied.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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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. 23-01723

deniedMar 6, 2025· Hon. Candace Le'i Garcia· hearing

Summary

A 51-year-old self-employed writer was denied a security clearance under Guideline H (Drug Involvement) due to unresolved drug use and substance misuse concerns. The Statement of Reasons alleged that the applicant used marijuana with varying frequency from approximately January 1986 to September 2023. This extensive history of use 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 admitted to her long history of marijuana use, with her last reported use occurring in September 2023.

The denial was based on the applicant's failure to establish a pattern of abstinence from drug use, as her last use was recent, even after acknowledging its illegality. Her stated intent to abstain was not deemed sufficient to mitigate the ongoing concerns regarding her reliability and trustworthiness, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant admitted to extensive marijuana use from 1986 to September 2023, which raised significant security concerns.
The applicant did not establish a pattern of abstinence from drug use, as she last used marijuana in September 2023 after acknowledging its illegality.
The applicant's claims of intent to abstain were not sufficient to mitigate the ongoing concerns about her reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementThe applicant's acknowledgment of her drug use did not demonstrate sufficient evidence of actions taken to overcome the problem or establish a pattern of abstinence.
AG ¶ 26(a)rejectedBehavior Occurred Long Ago or InfrequentlyThe applicant's drug use was recent and frequent, undermining claims of mitigation.

Key Rule Quoted

“The illegal use of controlled substances... can raise questions about an individual’s reliability and trustworthiness.”
— AG ¶ 24

Procedural Posture

SOR issuedAug 31, 2023
Answer filedSep 15, 2023
Hearing heldMay 8, 2024via video conference
Decision dateMar 6, 2025

Cite For

Denial of Security Clearance Due to Unresolved Drug Involvement Under Guideline H
Insufficient Mitigation of Substance Misuse Concerns Despite Acknowledgment
Recent and Frequent Drug Use Undermining Claims of Rehabilitation

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 January 1986 to September 2023, which raised concerns regarding her eligibility for a security clearance. The judge ruled against the applicant on this allegation, concluding that her drug involvement was not consistent with the national interest.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from about January 1986 to September 2023.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—

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.