PSH-21-0086 - In the Matter of Personnel Security Hearing

On January 3, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual is employed by a DOE contractor in a position requiring that he hold a DOE security clearance. The Individual reported that his wife purchased and used about $50 worth of marijuana annually.

During the hearing, the Individual presented evidence that his spouse immediately stopped using marijuana when he told her that it could negatively affect his employment because the drug remained illegal at the federal level. He submitted the results of drug tests to confirm that she had stopped using marijuana. The Individual submitted evidence showing that he reasonably and sincerely believed his spouse's marijuana use and his involvement by proximity were legal in their state. He also described his plan to clarify and follow all rules in the future. The Administrative Judge determined that the Individual resolved the security concern associated with Guideline H. Accordingly, she concluded that the Individual's access authorization should be granted. OHA Case No. PSH-21-0086 (Kristin L. Martin).