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ISCR Case 23-02168 — CASE

Case record

ISCR Case 23-02168

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

Case Profile
Decision Date1/15/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Mark W. Harvey
Government Counsel: Karen A. Moreno-Sayles, George A. Hawkins
Applicant's Counsel: Michael DeAngelis
Case Summary
The applicant in this case was a 26-year-old employee of a Department of Defense contractor, who had previously served in the Marine Corps. The adjudicative guidelines at issue were related to Guideline H, concerning drug involvement and substance misuse. The Statement of Reasons (SOR) alleged that the applicant had used marijuana from January 2021 to at least August 2022, tested positive for THC in January 2021, and used marijuana while holding a sensitive position.
During the proceedings, the applicant admitted to testing positive for THC but denied knowingly using marijuana, claiming he had ingested it unknowingly through food at a party. He acknowledged using marijuana intentionally in July and August 2022 while unemployed. The applicant provided evidence of completing drug counseling programs and a negative drug test in May 2024. However, he did not provide corroborating evidence for his claims of innocent ingestion and did not confront the friend who allegedly served him the marijuana-laced food.
The administrative judge ruled against the applicant, concluding that the security concerns under Guideline H were not mitigated. The judge found that the applicant's admissions and lack of corroborating evidence undermined his credibility, and his history of drug use raised significant doubts about his trustworthiness and reliability, ultimately leading to the denial of 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. 23-02168

deniedJan 15, 2025· Hon. Mark W. Harvey· hearing

Summary

A 26-year-old DOD contractor and former Marine Corps officer was denied a security clearance under Guideline H (Drug Involvement) due to admitted substance misuse. The applicant acknowledged using marijuana with varying frequency from approximately January 2021 to at least August 2022. This included use in January 2021 while holding a sensitive position with a security clearance.

Further, the applicant tested positive for THC in a January 2021 drug test, which ultimately resulted in his administrative separation from the United States Marine Corps. Disqualifying conditions under Guideline H were raised, specifically concerning drug involvement and misuse.

While a mitigating condition related to the passage of time without further drug involvement was considered, the judge found the evidence against granting a clearance more compelling. The applicant's claim of innocent ingestion was deemed not credible due to a lack of corroborating evidence. Consequently, eligibility for access to classified information was denied.

Why the Applicant Was Denied

The applicant admitted to using marijuana on multiple occasions, including while holding a sensitive position.
He tested positive for THC, leading to his administrative separation from the Marine Corps.
The applicant's claim of innocent ingestion was not credible due to lack of corroborating evidence.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)rejectedIllegal Drug Use While Granted Access to Classified InformationIt was unclear whether the applicant's position was a sensitive position.

Mitigating

AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome the ProblemThe applicant's false claim of innocent ingestion damaged his credibility.

Key Rule Quoted

“Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against granting a security clearance.”
— Dorfmont v. Brown, 913 F. 2d 1399, 1401 (9th Cir. 1990)

Procedural Posture

SOR issuedMar 11, 2024
Answer filedMay 14, 2024
Hearing heldNov 4, 2024via Microsoft Teams
Decision dateJan 15, 2025

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Credibility Issues Related to Claims of Innocent Ingestion of Drugs
Presumption Against Granting Security Clearance When Concerns Arise

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 against the applicant on all allegations related to drug involvement, specifically marijuana use. The applicant admitted to using marijuana and testing positive for THC while holding a security clearance, which contributed to the denial of his 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 January 2021 to at least August 2022.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
1.b	Applicant tested positive for THC in a drug test administered in January 2021, eventually resulting in his administrative separation from the United States Marine Corps.	Against Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
1.c	Applicant used marijuana in January 2021, while holding a sensitive position, i.e., one in which he held a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—

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.