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ISCR Case 23-02234 — CASE

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ISCR Case 23-02234

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

Case Profile
Decision Date4/18/2025
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert E. Coacher
Government Counsel: Aubrey M. De Angelis
Applicant's Counsel: Bradley P. Moss
Case Summary
The applicant in this case was a 38-year-old individual who applied for a security clearance and was subject to allegations under Guideline H (drug involvement and substance misuse) and Guideline E (personal conduct). The Statement of Reasons (SOR) indicated that the applicant had used marijuana from approximately 2000 until December 2022 and had failed to disclose this use on her security clearance application, which was considered a potential falsification.
During the proceedings, the applicant admitted to using marijuana intermittently, particularly in states where it was legal, and claimed she ceased all use in August 2022, prior to her job interviews. She acknowledged discrepancies in her statements regarding the cessation of her marijuana use but explained these as misunderstandings related to the timeline of her background interviews and application. The applicant's character witnesses, including colleagues and a retired military officer, testified to her reliability and good judgment, asserting that they had no concerns about her drug use or her ability to hold a security clearance.
The administrative judge ruled in favor of the applicant, concluding that the security concerns under both Guideline H and Guideline E were not established or were sufficiently mitigated. The judge found the applicant's testimony credible and her explanations plausible, noting that there was no evidence she had accessed classified information during her alleged marijuana use. Consequently, the applicant was granted eligibility for a security clearance.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-02234

grantedApr 18, 2025· Hon. Robert E. Coacher· hearing

Summary

This case concerns a 38-year-old accounts executive with an associate degree in computer networking, whose security clearance eligibility was challenged under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged the applicant used marijuana from approximately 2000 to December 2022, including a period from October to December 2022 while possessing classified access. Additionally, it was alleged the applicant falsified her September 27, 2022 Security Clearance Application by failing to disclose her marijuana use.

The Administrative Judge ultimately granted the applicant's security clearance. The judge found that the applicant credibly testified about her past drug use and established a pattern of abstinence since August 2022. Crucially, no evidence was found to support the allegation that the applicant used marijuana while granted access to classified information.

Furthermore, the judge determined that the allegations of falsification were not established. Strong character references from witnesses supported the applicant's reliability and trustworthiness, contributing to the finding that the security concerns related to drug use were mitigated.

Why the Applicant Prevailed

The applicant credibly testified about her drug use and demonstrated a pattern of abstinence since August 2022.
The judge found no evidence that the applicant used marijuana while granted access to classified information.
Witnesses provided strong character references, supporting the applicant's reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedPattern of Abstinence
AG ¶ 16(a)rejectedFalsification of Relevant FactsThe judge found no intent to falsify the SCA as the applicant believed her marijuana use was legal.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedMar 11, 2024
Answer filedMar 18, 2024
Hearing heldFeb 14, 2025
Decision dateApr 18, 2025

Cite For

Mitigation of Drug Involvement Under Guideline H
Credibility of Applicant's Testimony Regarding Drug Use
Consideration of Character References in Security Clearance Decisions

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant falsified her September 27, 2022 SCA by failing to disclose her marijuana use. However, the applicant credibly testified that she believed her marijuana use was legal and did not intend to provide a false answer. Ultimately, the judge ruled in favor of the applicant, granting her eligibility for a security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant falsified her September 27, 2022 SCA when she failed to disclose her marijuana use.	For Applicant	Falsification Security FormNOT DELIBERATE	Other	Denied	—	—	—

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

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant used marijuana with varying frequency from about 2000 to August 2022, but did not establish that she used marijuana while holding a security clearance from October 2022 to December 2022. The applicant's two-plus years of abstinence and credible testimony contributed to the decision to grant her eligibility for a 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 2000 to about December 2022.	For Applicant	Marijuana	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.b	Applicant used marijuana from about October 2022 to December 2022, while granted access to classified information.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Denied	—	—	—

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.