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19-Year Career Saved After Positive Drug Test

A Navy Petty Officer (E-6) was reduced at a Captain’s Mast after he tested positive for marijuana use at 30 nanograms. Subsequently, he was processed in an administrative separation action seeking a UOTHC discharge from the Navy. At a board hearing, we raised defenses of “innocent ingestion” and presented testimony from a medical doctor who was a drug testing expert. After a fully litigated board hearing, the board members unanimously found (3 to 0) that no misconduct occurred, and the sailor was retained at the board. This resulted in saving the sailor’s career, saving his pension, allowing him to keep his AD and retirement TRICARE; and his other post-retirement benefits.

New marijuana laws have created gray areas for recreational users, employees, and employers. Know your rights, and stay protected against wrongful termination.

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