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ISCR Case 24-01001 — CASE

Case record

ISCR Case 24-01001

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

Case Profile
Decision Date2/25/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case 24-01001) →
Participants
Judge: Richard A. Cefola
Government Counsel: Andrew H. Henderson
Applicant's Counsel: Samir Nakhleh
Case Summary
The applicant in this case was a 43-year-old defense contractor who sought a security clearance but faced allegations under Guideline H concerning drug involvement and substance misuse. The Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency detailed concerns about the applicant's extensive marijuana use, which he admitted occurred approximately 1,000 to 3,000 times over 20 years, with continued use even after beginning employment with his current employer in September 2023.
During the proceedings, the applicant acknowledged his marijuana use and purchases, which totaled around 144 instances over 12 years. He provided a signed statement of intent to abstain from future drug involvement but did not demonstrate a sufficient track record of abstinence, as his last use was only a year prior to the hearing. The administrative judge ruled against the applicant, citing the volume and recency of his drug use as significant factors that raised doubts about his reliability and trustworthiness. Ultimately, the judge concluded that granting the applicant national security eligibility was not consistent with the national interest, resulting in a denial of his request for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
Similar decisions
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. 24-01001

deniedFeb 25, 2025· Hon. Richard A. Cefola· hearing

Summary

A 43-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to a long history of marijuana use and purchases. The applicant admitted to using marijuana between 1,000 and 3,000 times over approximately 20 years, from May 2005 until February 2024. This included use after beginning his current employment.

Additionally, the applicant admitted to purchasing marijuana about 144 times over a 12-year period, from 2012 until February 2024. These actions raised disqualifying conditions under Adjudicative Guideline Paragraphs 25(a) and 25(c).

While mitigating conditions under Adjudicative Guideline Paragraphs 26(a) and 26(b) were considered, including the applicant's stated intent to abstain from future drug involvement, they were deemed insufficient. The administrative judge concluded that the recency and frequency of the applicant's extensive drug history presented unmitigated security concerns, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana 1,000 to 3,000 times over 20 years, including recent use after starting his current job.
The applicant purchased marijuana approximately 144 times over 12 years, with purchases continuing until February 2024.
The applicant's signed statement of intent to abstain was insufficient to mitigate the security concerns due to the recency and frequency of his drug involvement.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedSubstance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's drug use was too recent and frequent to conclude it would not recur.
AG ¶ 26(b)rejectedAcknowledgment and Actions to Overcome Drug InvolvementThe applicant's intent to abstain was not supported by a sufficient track record of abstinence.

Key Rule Quoted

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

Procedural Posture

SOR issuedSep 17, 2024
Answer filedOct 22, 2024
Hearing heldFeb 12, 2025
Decision dateFeb 25, 2025

Cite For

Security Concerns Related to Extensive Drug Involvement Under Guideline H
Insufficient Mitigation of Recent Drug Use Despite Intent to Abstain
The Importance of a Track Record of Abstinence in Security Clearance Evaluations

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's extensive and recent marijuana use and purchases raised significant security concerns. Despite the applicant's admission of drug use and purchases, the judge concluded that the applicant had not established a sufficient track record of abstinence, leading to a denial of security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admits using marijuana 1~3 times on weekends, or about 1,000~3,000 times, over a period of about 20 years, from May 2005 until February of 2024.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.b	Applicant admits purchasing marijuana, once a month, or about 144 times, over a period of about 12 years, from 2012 until February of 2024.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	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.