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ISCR Case 23-01538 — CASE

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ISCR Case 23-01538

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

Case Profile
Decision Date2/6/2026
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Philip J. Katauskas
Government Counsel: Troy L. Nussbaum
Case Summary
the Department of Defense (DOD) issued a Statement of Reasons (SOR) to the applicant, citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The SOR alleged that the applicant had used marijuana with varying frequency from approximately 1993 until December 2022, including while employed in a sensitive position from October 2022 to January 2023.
The applicant, a 49-year-old senior software engineer, admitted to the allegations of marijuana use but claimed it was infrequent and primarily for sleep issues. He stated that he had established a pattern of abstinence and provided a signed statement of intent to refrain from all drug involvement in the future. Despite his assertions of having stopped using marijuana and distancing himself from former associates, the applicant acknowledged that he had used marijuana as recently as December 2022 and had not undergone any drug treatment or counseling.
The administrative judge ruled against the applicant, concluding that he did not sufficiently mitigate the security concerns related to his drug involvement. The judge emphasized that the applicant's past use of marijuana, particularly while in a sensitive position, raised significant questions about his reliability and trustworthiness. The ruling highlighted the importance of compliance with federal laws regarding controlled substances, ultimately denying the applicant's eligibility 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. 23-01538

deniedFeb 6, 2026· Hon. Philip J. Katauskas· hearing

Summary

A 49-year-old senior software engineer was denied a security clearance under Guideline H (Drug Involvement) due to unresolved concerns regarding his substance misuse. The Statement of Reasons alleged that the applicant used marijuana with varying frequency from approximately 1993 to December 2022. It further stated that he used marijuana with varying frequency while employed in a sensitive position from about October 2022 to January 2023.

Disqualifying conditions under Adjudicative Guideline (AG) ¶ 25(a) and AG ¶ 25(f) were raised. While mitigating conditions AG ¶ 26(a) and AG ¶ 26(b) were applied, they were deemed insufficient to overcome the security concerns.

The denial was based on the applicant's admission of regular marijuana use for over 25 years, including during sensitive employment. The judge determined that the applicant's brief period of abstinence did not adequately alleviate concerns about his reliability and trustworthiness, as he failed to establish a sufficient pattern of abstinence from drug use.

Why the Applicant Was Denied

The applicant admitted to using marijuana regularly for over 25 years, including while employed in a sensitive position.
The applicant's brief period of abstinence did not alleviate concerns about reliability and trustworthiness.
The applicant failed to establish a sufficient pattern of abstinence from drug use.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Sensitive Position

Mitigating

AG ¶ 26(a)rejectedBehavior Happened Long Ago or InfrequentlyThe applicant's marijuana use was not infrequent and occurred as recently as January 2023.
AG ¶ 26(b)rejectedAcknowledgment and Evidence of Actions Taken to Overcome Drug InvolvementThe applicant's period of abstinence was too short to establish a pattern of abstinence.

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 11, 2023
Answer filedFeb 7, 2024
Hearing heldJul 31, 2025conducted in person
Decision dateFeb 6, 2026

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Insufficient Evidence of a Pattern of Abstinence From Drug Use
Importance of Long-term Abstinence in Mitigating Security Concerns

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 used marijuana with varying frequency from about 1993 to December 2022, which raised security concerns under Guideline H. The applicant's use of marijuana while employed in a sensitive position was acknowledged but deemed not sufficiently substantiated by the government, leading to a finding in favor of the applicant on that specific allegation. Overall, the applicant's drug involvement was not mitigated, resulting in a denied security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	used marijuana with varying frequency from about 1993 to about December 2022	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.b	used marijuana with varying frequency while employed in a sensitive position from about October 2022 to about January 2023	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	Claimed Acknowledgment and Remorse

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.