PSH-20-0020 - In the Matter of Personnel Security Hearing

On September 2, 2020, an Administrative Judge determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual was employed by a DOE contractor in a position that required a security clearance. The DOE obtained information that the Individual failed a random drug test by testing positive for marijuana. During the hearing, the Administrative Judge found that the Individual provided a credible explanation for the positive drug test based on his use of Cannabidiol (CBD) oil, which contained trace amounts of THC. The Individual had consulted his doctor and employer regarding the parameters around the use of CBD, and two experts concluded that the THC in his system could have resulted from his reported use of the lab-analyzed CBD oil. The Administrative Judge found that the Individual's behavior that resulted in his positive drug test happened under such circumstances that it is unlikely to recur and does not cast doubt on his current good judgment. Consequently, the Administrative Judge found that the Individual mitigated the Guideline H concerns and that the Individual's access authorization should be restored. OHA Case No. PSH-20-0020 (James P. Thompson III).