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ISCR Case 24-02070 — CASE

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ISCR Case 24-02070

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

Case Profile
Decision Date2/26/2026
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Charles C. Hale
Government Counsel: Jenny G. Bayer
Case Summary
The applicant in this case was a 47-year-old program manager who had held a security clearance since 2004. He submitted a security clearance application on October 27, 2023, but was issued a Statement of Reasons (SOR) on January 2, 2025, citing concerns under Guideline H (Drug Involvement and Substance Misuse) due to his admission of marijuana use in April 2023 while in a sensitive position. The SOR raised allegations of illegal drug use and questioned his reliability and trustworthiness.
In his response to the SOR, the applicant admitted to the marijuana use but characterized it as a single lapse in judgment, asserting his commitment to abstain from illegal drug use in the future. He provided details about the incident, including that it occurred during a visit to friends in a state where marijuana was legal, and he expressed that he did not intend to use marijuana again. The applicant emphasized his long history of unblemished service in the defense industry and his proactive disclosure of the incident to the Department of Defense.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the security concerns. The judge found that the applicant's marijuana use was infrequent and unlikely to recur, supported by his credible intent to abstain from future drug use and his long-standing reliable work history. The judge applied the whole-person concept, considering the totality of the applicant's conduct and circumstances, ultimately determining that granting the security clearance was consistent with national security interests.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 24-02070

grantedFeb 26, 2026· Hon. Charles C. Hale· hearing

Summary

A 47-year-old program manager was granted a security clearance despite concerns under Guideline H (Drug Involvement). The applicant admitted to using marijuana in April 2023 while holding a sensitive position and a security clearance. This admission raised disqualifying conditions related to drug involvement.

However, the administrative judge found that the applicant successfully mitigated these concerns. He self-reported the incident, expressed a firm commitment to abstain from future drug use, and demonstrated a long history of reliable service with no further drug use since the April 2023 incident.

The judge concluded that the applicant's lapse in judgment was unlikely to recur, given his voluntary disclosure and stated intent to abstain. Consequently, the applicant was granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant self-reported his marijuana use and expressed a commitment to abstain from future drug involvement.
He demonstrated a long history of reliable service and had no further drug use since the incident.
The judge found the applicant's lapse in judgment unlikely to recur, given his voluntary disclosure and intent to abstain.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago or Infrequently
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the Problem

Key Rule Quoted

“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
— ISCR Case No. 01-20700 at 3 (App. Bd. Dec. 19, 2002)

Procedural Posture

SOR issuedJan 2, 2025
Answer filedJan 8, 2025
Hearing heldFeb 26, 2026
Decision dateFeb 26, 2026

Cite For

Mitigation of Drug Involvement Under Guideline H
Self-reporting as a Favorable Factor in Security Clearance Cases
Commitment to Abstain From Drug Use as a Mitigating Condition

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: granted

The applicant admitted to using marijuana in April 2023 while holding a security clearance. The judge found that this single incident did not indicate a pattern of behavior that would affect the applicant's reliability or trustworthiness. Consequently, the judge granted the applicant eligibility for access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admits he used marijuana in April 2023, while holding a sensitive position.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Claimed Acknowledgment and Remorse Claimed Rehabilitation Evidence
1.b	Applicant confirms he used marijuana while holding a security clearance and intends to abstain from future drug use.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Claimed Acknowledgment and Remorse Claimed Rehabilitation Evidence

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.