PSH-23-0100 - In the Matter of Personnel Security Hearing

On October 20, 2023, an Administrative Judge determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. On his Questionnaire for National Security Positions ( QNSP), the Individual admitted that he used THC socially between 2001 and 2013.  He reported that he did not intend to use THC again. In January 2023, the Individual ingested a marijuana edible at a party, when an out-of-state friend convinced him to try an edible the friend had brought to the party . When called for a random drug test 10 days later, the Individual informed his supervisor of his ingestion of the edible. He tested negative on the random test. The Individual was sent, by his employer, to a Substance Abuse Professional (Sap)contested positive on a random breath alcohol test (BAT) at work. In response, the Local Security Office (LSO) sent the Individual to a Substance Abuse Professional (SAP) who determined that the Individual did not have any issues with illegal substances. The Individual's partner and father testified at the hearing.  The partner stated that they do not have any contact with the friend who provided the edible and that the Individual does not use marijuana but admitted to her that he used previously. The Individual submitted evidence that he attended AA/NA meetings on the recommendation of the SAP.  He was remorseful that he had ingested the edible.  The Administrative Judge determined that the Individual had mitigated the Guideline E and H concerns because acknowledged his error and took positive steps to alter his behavior. Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guidelines E and H. (OHA Case No. PSH-23-0100, Fishman)