Current employee drug tested in ER positive for THC

Security Clearance level is 0

A friend of mine is a federal employee and he went into the ER for a severe panic attack. They tested them for drugs to rule anything out and it came back with THC.

They mentioned they take CBD (it was a gummie with deta 8) for pain and wondered if that it wasn’t accurate on the label.

With that said being a federal employee, I know they ask you to disclose this on the sf-85/86. But that is probably 3 years away for him.

My friend pretty much thinks he’s going to get fired and I said you weren’t driving or wreck less so it shouldn’t get reported but they need to throw that stuff away.

What is their best action to take? Self report it or wait? Also what’s the likely hood they’ll get fired?

They work in financial manangement.

Seems like most agencies have a zero tolerance policy for THC, regardless of source (link). Based on that article, the federal government sees your friend as playing the dice with their employment by trusting the label on the CBD product, since the FDA doesn’t certify THC levels.

My understanding is that even without the THC result, your friend should (is required as a clearance holder to) report the mental health-related hospital visit. I’m not sure that your friend’s agency would find it out (at the time) about the THC.

Now, I am not legal counsel, but for clearance-related things, it looks 100% better if you are forthcoming with something rather than attempting to hide it. Your friend might be screwed either way (might lose employment just due to THC level, at whatever point the agency finds out), but I think it is possible to retain the clearance since there isn’t necessarily a zero tolerance policy there. This really is a super grey area in the law though. CBD products aren’t federally illegal, but a positive level of THC is often seen as sufficient proof of marijuana usage, and marijuana is federally illegal.

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Also should they wait for the next 5 year review or report it now?

I should clarify it’s a public trust position not that it matters.

Also being an ER record are they likely to get that information? They fill out a sf-85p not an 86 form.

They should self report now. Not self reporting could be the basis of having the clearance revoked.

Regardless of what the union rep said I would report. Again it’s your butt/job on the line and not the union rep. Also asking the union rep and then using that as the reason to not self report won’t help all that much when answering questions about why you didn’t self report. It’s playing with fire for sure. But hey it’s his clearance and job. If he’s okay getting fired over that alone that is their decision.

They self reported to their security office this morning and got it in writing.

The security officer provided guidance on how to answer on the sf -85p and didn’t see a problem with it being adjudicated considering the circumstances and put it in their file.

Obviously not completely out of the clear but most likely especially after self reporting I may assume.

Let this be a lesson to everyone, lying is worst than the crime/act your hiding.

Another lesson might be to not put unregulated substances into your body

I wholeheartedly agree.