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ISCR Case 24-01866 — CASE

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ISCR Case 24-01866

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

Case Profile
Decision Date8/13/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Richard A. Cefola
Government Counsel: William H. Miller
Case Summary
The applicant in this case was a 49-year-old employee of a defense contractor who sought a security clearance. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing concerns under Guideline H (Drug Involvement and Substance Misuse). The core allegations included the applicant's admission to using medical marijuana for pain management and her acknowledgment of the illegal nature of such use under federal law.
In her response to the SOR, the applicant denied some allegations while admitting to using marijuana and purchasing it, but she did not admit to cultivating it. She indicated that her use of marijuana spanned approximately 12 years and continued up to the time of her application. The applicant provided additional information to support her case but did not demonstrate a pattern of abstinence or significant behavioral changes that would mitigate the concerns raised.
The administrative judge ruled against the applicant, concluding that the evidence did not sufficiently mitigate the security concerns related to her drug involvement. The judge noted that the applicant's continued use of marijuana raised doubts about her reliability and trustworthiness, ultimately determining that granting her security clearance was not consistent with national interest. Consequently, the applicant's request for national security eligibility was denied.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 24-01866

deniedAug 13, 2025· Hon. Richard A. Cefola· hearing

Summary

A 49-year-old defense contractor was denied security clearance eligibility under Guideline H (Drug Involvement) due to her admitted use of medical marijuana for pain management. The applicant stated she used medical marijuana from January 26, 2013, through August 27, 2024, typically on workweek nights and weekends as needed for pain. When asked about future intent, she responded, "Yes," indicating an intention to continue illegal drug use.

The Statement of Reasons cited the applicant's admitted medical marijuana use over this 12-year period, raising disqualifying conditions under Guideline H. While mitigating conditions were considered, the judge found them insufficient to overcome the security concerns.

Ultimately, the denial was based on the applicant's admitted, long-term use of medical marijuana, her failure to demonstrate a pattern of abstinence or rehabilitation, and the judge's doubts regarding her future intent to cease drug use. The judge concluded there was insufficient evidence of rehabilitation or intent to abstain from drug use.

Why the Applicant Was Denied

The applicant admitted to using medical marijuana over a 12-year period, which raised security concerns under Guideline H.
The applicant failed to demonstrate a pattern of abstinence or rehabilitation from drug use.
The judge expressed doubts about the applicant's future intent to cease drug use.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(f)appliedIllegal Drug Use While Holding a Sensitive Position

Mitigating

AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's drug use was recent and frequent.
AG ¶ 26(b)rejectedAcknowledgment and Evidence of RehabilitationThe applicant did not provide sufficient evidence of rehabilitation or intent to abstain.

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 3, 2025
Answer filedFeb 13, 2025
Hearing held—Decision made on the record without a hearing.
Decision dateAug 13, 2025

Cite For

Insufficient Evidence of Rehabilitation Under Guideline H
Importance of Intent to Abstain From Drug Use
Security Concerns Related to Illegal Drug Use While Holding a Sensitive Position

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: Decision on RecordDecided: denied

The judge found against the applicant on all allegations related to drug involvement, specifically the use of medical marijuana. The applicant admitted to using marijuana thousands of times over approximately 12 years, including while holding a security clearance, which contributed to the denial of her security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admits that she used Medical Marijuana during her time at her employer to manage pain.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.b	In her response to Interrogatories, Applicant avers that her use of marijuana covered the following time frame: “Approximate Dates 1/26/13 – current [August 27, 2024] – Amount approximate (work week at night) (Weekend as needed for pain).”	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.c	When asked “Do you intend to illegally use drugs or controlled substances in the future,” Applicant responded, “Yes.”	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—

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.