PSH-24-0023 - In the Matter of Personnel Security Hearing

On March 12, 2024, an Administrative Judge determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In August 2023, the Individual was randomly selected for a workplace drug test and tested positive for marijuana use. At the hearing, the Individual testified that on three occasions within slightly over a week's timespan, he had consumed CBD gummies to help him cope with anxiety . When he consumed the gummies, he was unaware that they would cause him to test positive for marijuana use. After he tested positive, the Individual complied with all of the requirements of the contractor's EAP program and began to see a therapist who has helped him learn better ways to deal with his anxiety. He stated his use of CBD gummies was his only incident of illegal drug use, and he presented supporting evidence of his past random drug tests which were all negative. He testified that he also has not consumed any marijuana or CBD since his positive test and has no plans to do so in the future. Additionally, the Individual's therapist determined that he has a good prognosis and is at low risk for drug abuse. 

The Administrative Judge therefore concluded that the Individual brought forth sufficient evidence to mitigate the Guideline H concerns. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-24-0023, Balzon)