PSH-22-0084 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline H (Drug Involvement and Substance Misuse) & Bond Amendment

Office of Hearings and Appeals

October 3, 2022
minute read time

On October 3, 2022, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In November 2021, the Individual tested positive for marijuana metabolite on a random workplace drug test. The Individual denied having used marijuana, but noted that he used CBD oil for lower back pain. At the hearing, the Individual admitted to having used pain relief products containing THC on a daily basis for several months. The Individual represented that he had discontinued using THC products, but did not provide drug tests or other corroborating evidence to support his claims. In light of the frequency of the Individual's use of THC products, and his failure to establish a pattern of abstaining from their use, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline H and was disqualified from holding access authorization under the Bond Amendment. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-22-0084, Harmonick)

PSH-22-0084.pdf (199.7 KB)