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ISCR Case 24-01305 — CASE

Case record

ISCR Case 24-01305

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

Case Profile
Decision Date3/18/2025
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Jennifer I. Goldstein
Government Counsel: William H. Miller
Applicant's Counsel: Jason S. Ayeroff
Case Summary
The applicant in this case was a 38-year-old digital strategist employed by a defense contractor since 2015. She applied for a security clearance in October 2023, which led to a Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency (DCSA) on September 9, 2024, citing concerns under Guideline H (Drug Involvement and Substance Misuse). The core allegations included her use of medical marijuana, which, while legal in her state, was illegal under federal law.
During the proceedings, the applicant admitted to using marijuana products prescribed for her anxiety, depression, and menstrual pain, but she maintained that her use was responsible and under medical supervision. She disclosed her marijuana use on her security clearance application and was proactive in reporting it to her employer's accommodations team. The applicant ceased using marijuana in July 2024 and surrendered her medical marijuana card in September 2024. She also completed therapy and demonstrated a commitment to abstaining from drug use in the future.
The administrative judge ruled in favor of the applicant, granting her eligibility for access to classified information. The judge found that the applicant had mitigated the security concerns by demonstrating honesty throughout the process, taking steps to address her mental health issues, and ceasing her marijuana use. The judge emphasized the importance of the whole-person concept in evaluating her case, considering her strong professional reputation and the support she received from personal and professional references.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For 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. 24-01305

grantedMar 18, 2025· Hon. Jennifer I. Goldstein· hearing

Summary

A 38-year-old digital strategist was granted a security clearance despite initial concerns under Guideline H (Drug Involvement and Substance Misuse). The applicant's past medical marijuana use for anxiety and depression raised disqualifying conditions, specifically AG ¶ 25(a) and AG ¶ 25(c).

However, the administrative judge found that the applicant had mitigated these concerns. She demonstrated a clear commitment to abstinence, having ceased all marijuana use since July 2024 and surrendering her medical marijuana card. Furthermore, she signed a statement of intent to abstain from future drug use and completed therapy, showing a dedication to her health.

The judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b), noting her honesty and proactive rehabilitation efforts. Consequently, the applicant was granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant has not used marijuana or any marijuana derivative product since July 2024.
She surrendered her medical marijuana card and signed a statement of intent to abstain from future drug use.
The applicant completed therapy and demonstrated a commitment to her health and well-being.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to RecurThe applicant's past marijuana use occurred under circumstances unlikely to recur and does not cast doubt on her current reliability.
AG ¶ 26(b)appliedAcknowledgment and Actions TakenThe applicant acknowledged her drug involvement, has established a pattern of abstinence, and has taken steps to mitigate her past behavior.

Key Rule Quoted

“The clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedSep 9, 2024
Answer filedSep 23, 2024
Hearing heldMar 13, 2025via Microsoft Teams
Decision dateMar 18, 2025

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of Proactive Rehabilitation Efforts
Whole-person Concept 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: granted

The judge found that the applicant mitigated the security concerns under Guideline H regarding drug involvement and substance misuse. The applicant's past use of marijuana was deemed not to cast doubt on her current judgment, and she has taken steps to abstain from drug use, including surrendering her medical marijuana card and completing therapy.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant mitigated the security concerns under Guideline H (Drug Involvement and Substance Misuse).	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
1.b–1.c	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

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.