; and (ii) if such review reveals that the denial was based on past or present marihuana use, such agency shall reconsider such individual’s security clearance or employment application. (3) Appeal (A) In general If a Federal agency denies an individual a security clearance or employment under a reconsideration pursuant to paragraph (2)(C), such individual may, not later than 30 days after the date of such denial, appeal the Federal agency determination to the Merit Systems Protection Board. (B) MSPB determination Not later than 120 days after receiving an appeal under subparagraph (A)— (i) the Board shall review the Federal agency reconsideration determination; and (ii) if the Board determines that such determination was primarily based on prior or current marihuana use, the Board shall order the Federal agency to immediately redetermine the individual’s request for reconsideration, consistent with the requirements of this subsection. (C) Limitation on judicial review Any decision by the Board under subparagraph (B) shall be final and not subject to judicial review. (4) Marihuana defined In this section, the term marihuana has the meaning given that term in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ). .