PSH-23-0130 - In the Matter of Personnel Security Hearing

On January 16, 2024, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed at a DOE facility in a position that requires her to hold a security clearance. On March 13, 2023, the Individual was selected for a random drug test, which resulted in a positive result for marijuana metabolites ( hereinafter referred to as "marijuana").

The Individual presented convincing evidence that her one and only time of illegal drug use resulted from her ingestion on the night prior to the test of a delta-9-tetrahydrocannabinol (THC) containing gummy for sleep that someone at a dinner gave her. She consumed the gummy because she had run out of her melatonin containing gummy and the fact that she did not read the ingredient list in the THC gummy. None of the other drug tests the Individual underwent before or after the positive drug test in March 2023 indicated any other use of illegal drugs.

The Administrative Judge found that the Individual's testimony concerning the events leading to her one-time ingestion of THC was convincing. Further the available negative test results from the DOE facility supported a conclusion that this was a one-time inadvertent use of THC. In her 22 years of employment there is no evidence before me of illegal drug use other than the March 2023 positive drug test. Consequently, given the circumstances of her use involving a THC gummy for sleep, I find that her use happened under such circumstances that further THC use was unlikely to reoccur, and that the Individual had mitigated the Guideline H concern.

With regard to the Bond Amendment, since the Individual's prior THC use does not cause her to meet the definition of either an "unlawful user" or "addict" of a controlled substance under DOE Order 472.2 A, the Administrative Judge concluded that the Bond Amendment does not prohibit the Individual's from possessing a security clearance. . In sum, the Administrative Judge found the Guideline H security concern had been resolved and that the Bond Amendment did not preclude the Individual from possessing a security clearance . Consequently, the Administrative Judge found that Individual's access authorization should be restored. (OHA Case No. PSH-23-0130, Cronin)