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ISCR Case 23-00086 — CASE

Case record

ISCR Case 23-00086

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

Case Profile
Decision Date5/8/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Stephanie C. Hess
Government Counsel: Rhett E. Petcher
Case Summary
The applicant in this case was a 62-year-old site superintendent employed by a defense contractor since July 2021. The Department of Defense (DOD) issued a Statement of Reasons (SOR) on January 24, 2023, citing security concerns under Guideline H (Drug Involvement and Substance Misuse). The allegations included the applicant's ongoing use of marijuana since May 2019, his intention to continue using it, and a prior termination from employment in 2019 due to a positive drug test for marijuana.
During the proceedings, the applicant admitted to the allegations, explaining that he holds a medical marijuana card prescribed by a licensed physician for chronic pain and insomnia. He acknowledged his awareness of the federal illegality of marijuana use but expressed his belief that it was necessary for his health. The applicant provided character references attesting to his reliability and work ethic but continued to use marijuana daily, including the night before the hearing, and did not demonstrate a commitment to cease its use.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to his ongoing illegal drug use. The judge found that none of the mitigating conditions applied, as the applicant's continued use of marijuana raised doubts about his reliability and trustworthiness, ultimately determining that granting him access to classified information was not consistent with national interest.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-00086

deniedMay 8, 2024· Hon. Stephanie C. Hess· hearing

Summary

A 62-year-old site superintendent was denied a security clearance under Guideline H (Drug Involvement) due to his admitted and ongoing marijuana use. The applicant acknowledged using marijuana with varying frequency from approximately May 2019 to the present and stated his intention to continue this use for medical reasons.

These admissions, coupled with a past incident in 2019 where he was terminated from employment for testing positive for marijuana in a company drug test, raised significant concerns. The judge determined that the applicant's continued use and stated intent to persist in using marijuana, despite its illegal status under federal law, undermined his reliability and trustworthiness.

Ultimately, the judge concluded that these factors posed a risk to the national interest, leading to the denial of the applicant's security clearance. Disqualifying conditions 25(a), 25(b), and 25(g) were cited in the decision.

Why the Applicant Was Denied

Applicant admitted ongoing marijuana use despite its illegal status under federal law.
He expressed intention to continue marijuana use for medical reasons.
His past positive drug test and termination from employment for the same raised significant concerns.

Conditions Referenced

Disqualifying

25(a)raisedSubstance Misuse
25(b)raisedTesting Positive for Illegal Drugs
25(g)raisedIntent to Continue Drug Involvement

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJan 24, 2023
AnswerFeb 15, 2023
Hearing heldOct 19, 2023
DecisionMay 8, 2024

Cite For

Disqualifying Conditions Related to Illegal Drug Use Under Guideline H
Impact of Ongoing Illegal Substance Use on Security Clearance Eligibility
Importance of Admitting to and Mitigating Drug Involvement Issues

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 against the applicant on all allegations related to drug involvement, specifically marijuana use. The applicant admitted to using marijuana with varying frequency since May 2019, expressed intent to continue its use, and was terminated from employment in 2019 for testing positive for marijuana. The decision was ultimately denied due to concerns about compliance with laws and regulations regarding drug use.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from approximately May 2019 until the present.	Against Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	Applicant intends to continue to use marijuana.	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	(g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	Applicant was terminated from his employment in 2019 for testing positive for marijuana in a company-administered drug test.	Against Applicant	Drug Test Failure	Not Applicable	Admitted	(b) testing positive for an illegal drug	—	—

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.