ISCR Case 24-01543

Case Headnote

ISCR Case No. 24-01543

deniedMay 16, 2025· Hon. Marc E. Curry· hearing

Summary

A 38-year-old software developer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The applicant had unresolved federal tax delinquencies, owing $27,305 in federal and approximately $3,288 in state income taxes for 2021, 2022, and 2023. The judge found insufficient evidence of progress in resolving these tax issues.

Additionally, the applicant had a history of illegal drug use, including marijuana use since 2005, with the last use occurring the day before his 2024 subject interview. He reported using marijuana once or twice per week to relieve stress. The applicant also used N-dimethyltryptamine (DMT) from February 2017 to at least 2018, and hallucinogenic mushrooms from 2017 to approximately October 2023.

Past incidents included a 2015 citation for possession of drug paraphernalia, and a 2017 arrest for possession of a controlled dangerous substance and drug paraphernalia, which led to an arrest warrant due to a failure to appear in court. The judge noted the applicant's continued use of marijuana and lack of an unequivocal pledge to stop using illegal drugs, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant failed to provide evidence of resolving delinquent federal debt.
The applicant's illegal drug use spanned several years, with the last use occurring less than two years ago.
The applicant did not unequivocally pledge to stop using illegal drugs.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax, as Required
AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
AG ¶ 26(g)raisedExpressed Intent to Continue Drug Involvement and Substance Misuse, or Failure to Clearly and Convincingly Commit to Discontinue Such Misuse
AG ¶ 15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations

Key Rule Quoted

“no one has a ‘right’ to a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedOct 2, 2024
Answer filedOct 18, 2024Applicant requested a decision based on the written record.
Hearing held—
Decision dateMay 16, 2025

Cite For

Insufficient Evidence of Mitigating Financial Issues Under Guideline F
Ongoing Illegal Drug Use as a Disqualifying Factor Under Guideline H
Personal Conduct Concerns Related to Illegal Activities Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant was issued a citation for possession of drug paraphernalia and failed to appear in court, leading to an arrest warrant.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
3.b	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant was issued a citation for possession of drug paraphernalia and failed to appear in court, leading to an arrest warrant.

Against Applicant

Questionable Judgment General

—

Denied

—

3.b

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant failed to file, as required, federal and state income tax returns for 2021, 2022, and 2023, and owed $27,305 in federal income taxes and approximately $3,288 in state income taxes. $27,305	Against Applicant	Tax Filing Failure	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations (f) failure to file / fraudulent filing of tax returns or unpaid tax	—	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant failed to file, as required, federal and state income tax returns for 2021, 2022, and 2023, and owed $27,305 in federal income taxes and approximately $3,288 in state income taxes.

$27,305

Against Applicant

Tax Filing Failure

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(f) failure to file / fraudulent filing of tax returns or unpaid tax

—

Claimed

Other

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant has been purchasing and using marijuana with varying frequency since 2005.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
2.b	He smokes it in a pipe once or twice per week while at home to relieve stress.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
2.c	His last use was the day before his subject interview in 2024.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	—	—
2.d	In January 2015, the police stopped Applicant for speeding.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	—	—	—
2.e	A subsequent search of Applicant’s car revealed that he had a vaporizer, a type of drug paraphernalia.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	—	—	—
2.f	Applicant was cited for speeding and possession of drug paraphernalia and was issued a summons to appear in court.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	—	—	—
2.g	In 2017, Applicant was arrested and charged with possession of a controlled dangerous substance and use/possession with intent to use drug paraphernalia.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	—	—	—
2.h	From February 2017 to at least 2018, Applicant used N-dimethyltryptamine (DMT), a hallucinogen, with various frequency.	Against Applicant	DMT or Other HallucinogenWHILE CLEARED	Frequent	Admitted	—	—	—
2.i	From 2017 to approximately October 2023, Applicant used and purchased hallucinogenic mushrooms with various frequency.	Against Applicant	PsilocybinWHILE CLEARED	Frequent	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant has been purchasing and using marijuana with varying frequency since 2005.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

—

2.b

He smokes it in a pipe once or twice per week while at home to relieve stress.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

—

2.c

His last use was the day before his subject interview in 2024.

Against Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

—

2.d

In January 2015, the police stopped Applicant for speeding.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

—

2.e

A subsequent search of Applicant’s car revealed that he had a vaporizer, a type of drug paraphernalia.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

—

2.f

Applicant was cited for speeding and possession of drug paraphernalia and was issued a summons to appear in court.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

—

2.g

In 2017, Applicant was arrested and charged with possession of a controlled dangerous substance and use/possession with intent to use drug paraphernalia.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

—

2.h

From February 2017 to at least 2018, Applicant used N-dimethyltryptamine (DMT), a hallucinogen, with various frequency.

Against Applicant

DMT or Other HallucinogenWHILE CLEARED

Frequent

Admitted

—

2.i

From 2017 to approximately October 2023, Applicant used and purchased hallucinogenic mushrooms with various frequency.

Against Applicant

PsilocybinWHILE CLEARED

Frequent

Admitted

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision