USAF TSgt tested positive for marijuana on a medical drug screen. Using that test result as the basis for probable cause, his command ordered him to provide another urinalysis sample 3-4 weeks later. That sample also tested positive for marijuana. Since the tests were so far apart, they were definitively NOT the result of a single exposure to marijuana. Based on these test results, the command initiated administrative separation. At his board hearing, we presented evidence that our client had been unknowingly consuming THC-infused vodka at or near the time of both urinalysis tests. We presented expert testimony from a forensic toxicologist who confirmed that our client’s nanogram levels were consistent with consuming this laced vodka, perhaps without even feeling any marijuana-related effects. We further presented compelling evidence of our client’s otherwise exceptional career and character. Result: The board members unanimously voted that our client had committed No Misconduct and Retained him in the Air Force.
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