PSH-21-0124 - In the Matter of Personnel Security Hearing

On December 29, 2021, an Administrative Judge determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's drug use. Under Guideline H and the Bond Amendment, the LSO alleged that, while in possession of a DOE security clearance, the Individual tested positive for the marijuana metabolite on April 26, 2021.

At the hearing, the Individual and seven other witnesses testified. The day before the Individual presumptively tested positive for the marijuana metabolite, his partner's daughter was called to her aunt's home to retrieve food items her aunt no longer wanted in her home. Among those items was a gift bag of cookies. The minor child distributed the cookies among her household members, including the Individual. Later that evening, the child's aunt became aware that the cookies contained Tetrahydrocannabinol (THC), and accordingly, informed the Individual's family. The Individual reported the accidental consumption to his supervisor the next day, was given a drug test, and examined by an Occupational Medicine physician. The physician ultimately cleared him to return to work without any restrictions, and a Notification Letter was issued after the test results were confirmed in early May 2021.

The accidental ingestion of THC happened under such circumstances that it is unlikely to recur. The THC was delivered to the Individual in an inconspicuous cookie from an individual he did not know to consume any illicit substances, and accordingly, he had no reason to believe the cookie contained any psychoactive ingredients such as THC. It was also not unheard of for the maternal aunt to provide his family with various food items she did not want in her home from time to time. Although this incident was clearly an accidental ingestion, the Individual's testimony evidenced his understanding that such an incident should not be repeated; he stated that, henceforth, he will not consume any food items if he is unable to verify their origin and will discard these items if they are gifted to him. Once the Individual learned that he had ingested THC baked into the cookie that he consumed, he reported the incident to his supervisor, despite the unlikelihood that he was going to be chosen to submit to a random drug test.

With regard to the Bond Amendment, the Administrative Judge found that the Individual's disqualification from holding a security clearance pursuant to the Bond Amendment was eligible for a waiver. 50 U.S.C. § 3343(c)(2)(B).

Accordingly, the Individual was able to show that he had fully resolved the security concerns arising under Guidelines H and the Bond Amendment. OHA Case No. PSH-21-0124 (Steven L. Fine).