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ISCR Case 24-01101 — CASE

Case record

ISCR Case 24-01101

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

Case Profile
Decision Date4/17/2025
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Mark W. Harvey
Government Counsel: Tovah A. Minster
Case Summary
The applicant in this case was a 62-year-old engineer employed by a defense contractor since December 2022. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H, specifically regarding drug involvement and substance misuse. The SOR alleged that the applicant used marijuana from March 2017 to November 2023 and psilocybin mushrooms in October 2022, which he admitted in his response to the SOR.
During the proceedings, the applicant acknowledged his past drug use but provided mitigating information, including a signed statement of intent to abstain from all drug involvement. He claimed that he stopped using marijuana in November 2023 in anticipation of applying for a security clearance and stated that he no longer associates with individuals who use drugs. The administrative judge found that the applicant's admissions and his commitment to abstain from drug use were sufficient to mitigate the security concerns raised. Consequently, the judge ruled in favor of the applicant, granting him eligibility for access to classified information, as it was determined that his past behavior was unlikely to recur and did not cast doubt on his current reliability and trustworthiness.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 24-01101

grantedApr 17, 2025· Hon. Mark W. Harvey· hearing

Summary

A 62-year-old engineer was granted a security clearance despite concerns raised under Guideline H (Drug Involvement). The Statement of Reasons detailed his use of marijuana with varying frequency from approximately March 2017 to November 2023, and psilocybin mushrooms in October 2022. These actions raised disqualifying conditions under Adjudicative Guidelines Paragraphs 25(a) and 25(c).

However, the administrative judge applied mitigating conditions under Adjudicative Guidelines Paragraphs 26(a) and 26(b). The applicant ceased all illegal drug use in November 2023, before submitting his security clearance application. He further provided a signed statement affirming his intent to abstain from all drug involvement and substance misuse.

The judge found that the applicant demonstrated a credible commitment to avoid future drug use, and that his security concerns were sufficiently mitigated. Consequently, the applicant was granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant ceased illegal drug use in November 2023, prior to his security clearance application.
He provided a signed statement of intent to abstain from all drug involvement and substance misuse.
The applicant demonstrated a credible commitment to avoid future drug use.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Evidence of Actions Taken to Overcome Drug Involvement

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedOct 1, 2024
Answer filedNov 14, 2024
Hearing heldMar 4, 2025
Decision dateApr 17, 2025

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of a Signed Statement of Intent to Abstain From Drug Use
Consideration of the Whole-person Concept 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 H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant used marijuana with varying frequency from March 2017 to November 2023 and used psilocybin mushrooms in October 2022. Despite these admissions, the judge concluded that the applicant's intent to abstain from drug use and the circumstances surrounding his use were sufficient to grant him eligibility for access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from about March 2017 to about November 2023.	For Applicant	Marijuana	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Signed Intent with Revocation Clause
1.b	Applicant used psilocybin mushrooms in about October 2022.	For Applicant	Psilocybin	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Signed Intent with Revocation Clause

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.