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ISCR Case 25-00391 — CASE

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ISCR Case 25-00391

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

Case Profile
Decision Date2/13/2026
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Wilford H. Ross
Government Counsel: Andrew H. Henderson
Applicant's Counsel: Samir Nakhleh
Case Summary
The applicant in this case was a 27-year-old defense contractor seeking a security clearance, with allegations under Guideline H (Drug Involvement and Substance Misuse) outlined in a Statement of Reasons issued by the Department of Defense. The core allegations included the applicant's admission to using marijuana approximately 60 times between 2017 and June 2021, including nine instances while holding a sensitive position from September 2020 to June 2021.
During the proceedings, the applicant admitted to the drug use but provided mitigating factors, including a credible commitment to abstain from illegal substances in the future. He had taken a marijuana awareness course, submitted negative drug tests, and expressed a clear understanding of the potential consequences of drug use on his career. The applicant's supervisors described him as an outstanding employee, and he demonstrated significant personal growth and awareness regarding the impact of his past behavior.
The administrative judge ruled in favor of the applicant, concluding that the security concerns had been sufficiently mitigated. The judge noted the applicant's long period of abstinence, his proactive steps to avoid drug use, and his overall positive contributions to his workplace. The decision emphasized that the applicant's past drug use did not cast doubt on his current reliability and trustworthiness, ultimately granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 25-00391

grantedFeb 13, 2026· Hon. Wilford H. Ross· hearing

Summary

A 27-year-old defense contractor was granted a security clearance despite concerns under Guideline H (Drug Involvement). The Statement of Reasons alleged the applicant used marijuana in various forms between July 2017 and June 2021, and THC edibles approximately nine times between September 2020 and June 2021. These allegations raised disqualifying conditions AG ¶ 25(a) and AG ¶ 25(f).

However, the administrative judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b). The applicant demonstrated a credible intent to abstain from illegal drugs, supported by positive actions such as negative drug tests and a written statement of intent to abstain. His past drug use concluded over four years ago and has not recurred.

The judge emphasized the applicant's growth and commitment to national security standards, ultimately granting eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated credible intent to abstain from illegal drugs.
He provided evidence of actions taken to overcome past drug use, including negative drug tests and a written statement of intent to abstain.
The applicant's past drug use was over four years ago and has not recurred.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position

Mitigating

AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of Abstinence

Key Rule Quoted

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

Procedural Posture

SOR issuedApr 2, 2025
Answer filedApr 8, 2025
Hearing heldAug 25, 2025
Decision dateFeb 13, 2026Decision delayed due to federal government shutdown.

Cite For

Mitigation of Drug Involvement Under Guideline H
Credible Intent to Abstain From Illegal Drugs
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 used marijuana and THC edibles but determined that the security concerns were mitigated due to the applicant's significant time since use, his understanding of the consequences of drug use, and his credible intent to abstain from future use. The outcome was favorable for the applicant, granting him national security eligibility.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana in various forms between July 2017 and June 2021.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Severed Ties to Using Friends Documented Rehabilitation Evidence
1.b	Applicant used THC edibles approximately nine times between September 2020 and June 2021.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Severed Ties to Using Friends Documented 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.