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ISCR Case 23-02888 — CASE

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ISCR Case 23-02888

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

Case Profile
Decision Date3/19/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case ISCR Case No. 23-02888) →
Participants
Applicant Representation: Pro Se
Judge: Candace Le'i Garcia
Government Counsel: Carroll J. Connelley
Case Summary
The applicant in this case was a 42-year-old individual who sought a security clearance and faced allegations under Guideline H, concerning drug involvement and substance misuse. The Statement of Reasons (SOR) indicated that the applicant had used marijuana with varying frequency, including daily use, from approximately September 2013 until February 2025, which he disclosed in his security clearance application. The applicant's marijuana use continued even after he submitted his application, raising concerns about his reliability and trustworthiness.
During the hearing, the applicant admitted to the allegations in the SOR and provided context for his marijuana use, stating it was primarily for managing symptoms related to his service-connected PTSD and other physical injuries. He expressed a willingness to consider abstaining from marijuana use if it would help him obtain the security clearance. However, despite his claims of mitigating circumstances, the administrative judge found that the applicant had not established a sufficient pattern of abstinence or taken adequate steps to address the security concerns raised by his drug use.
Ultimately, the administrative judge ruled against the applicant, concluding that he failed to mitigate the concerns related to drug involvement and substance misuse. The decision emphasized the importance of compliance with federal laws regarding controlled substances and the need for individuals seeking access to classified information to demonstrate reliability and good judgment. As a result, the applicant's eligibility for access to classified information was denied.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-02888

deniedMar 19, 2025· Hon. Candace Le'i Garcia· hearing

Summary

A 42-year-old married father of three was denied a security clearance under Guideline H (Drug Involvement) due to his admitted long-term marijuana use. The Statement of Reasons alleged that the applicant used marijuana with varying frequency, at times daily, from approximately September 2013 until February 2025. This raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 25(a) and AG ¶ 25(c).

The applicant acknowledged daily marijuana use during this period, claiming it was for medical reasons related to PTSD and other injuries. However, the judge found that the applicant failed to establish a pattern of abstinence or rehabilitation. While AG ¶ 26(b) (mitigating conditions) was considered, it was not sufficient to overcome the concerns.

Ultimately, the judge determined that the applicant's continued drug involvement cast doubt on his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to daily marijuana use from 2013 to February 2025, which raised significant security concerns.
The applicant failed to establish a pattern of abstinence or rehabilitation despite his claims of medical necessity for marijuana use.
The judge determined that the applicant's drug involvement continued to cast doubt on his 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 Involvement and Intent to AbstainThe applicant's intent to abstain was not supported by a sufficient pattern of abstinence.

Key Rule Quoted

“The illegal use of controlled substances...can raise questions about an individual's reliability and trustworthiness.”

Procedural Posture

SOR issuedDec 28, 2023
Answer filedFeb 4, 2024
Hearing heldAug 27, 2024via video conference
Decision dateMar 19, 2025

Cite For

Denial of Security Clearance Due to Ongoing Drug Involvement Under Guideline H
Insufficient Evidence of Rehabilitation or Abstinence From Drug Use
Impact of Federal Drug Laws on 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: denied

The judge found that the applicant used marijuana daily from September 2013 until February 2025, including after submitting a security clearance application. The applicant admitted to the drug use but failed to mitigate the associated security concerns, leading to a denial of 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, at times daily, from approximately September 2013 until February 2025.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	Claimed Other

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.