To sustain this charge, the agency must prove with preponderant evidence that:
This charge covers drug use or possession, whether occurring on or off-duty, as well as possession or other offenses arising from drug tests. The term controlled substance, includes amphetamine, cocaine, heroin, lysergic, acid diethylamide, marijuana, methamphetamine, opium, phencyclidine, and barbituric acid, including phenobarbital and secobarbital. Possession is customarily defined as an exercise of control over something. It may be actual (on the person), or constructive (extending to things under one’s power or dominion). There have been chain custody issues in regards to improper handling of the testing specimen.
The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.
Boykin v. USPS, 51 MSPR 56 (1991).