Given how widespread the legality of marijuana has become in the United States, with nearly half the states allowing it in some form, the question becomes relevant to ask, for recruits or active duty personnel: Is it possible to use marijuana in the military? The answer is that one cannot use marijuana in the military. But knowing why is essential to all service members.
Federal Law Overrides State Law – Always
This is the most crucial aspect to realize. The entire United States military force runs under federal laws, not the state laws. This means that wherever you are stationed – be it California, Colorado, Michigan, or any other state that permits cannabis use – all your actions will be governed by federal law all day and night long.
Under the Controlled Substances Act, cannabis remains a Schedule I controlled substance. And this designation is valid for all branches of the military: the Army, Navy, Air Force, Marine Corps, Space Force, and the Coast Guard.
In this respect, despite being off-base and off-duty and even being in a state where recreational cannabis is perfectly legal, your cannabis use is against both federal and military laws.
DoD Policy: Zero Tolerance, No Exceptions
There is a zero-tolerance policy on drugs at the Department of Defense (DoD). There is no doubt that the DoD’s policy does not tolerate the use, possession, production, and/or distribution of any controlled substance, including marijuana, regardless of whether there is legalization or decriminalization in the state in which the individual is based.
This policy applies to:
- Active duty personnel
- Military Reservists and National Guard members (even if they are not active duty in some instances)
- Before and after the enlistment period of military service members
Even medical marijuana is not an exception. Regardless of whether one has a medical marijuana card from his/her state, it does not concern the DoD.
Drug Testing in the Military: It’s Frequent and Random
Drug abuse is a major concern within the armed forces, and mandatory drug testing forms a core aspect of military duty. Each of the branches has random urinalysis drug testing conducted periodically throughout the year. There is no periodicity, though, as that is how it operates.
Positive findings on the presence of THC, a component of marijuana, may trigger immediate investigations and punishment. Military personnel undergo mandatory drug testing whenever:
- Joining the military (MEPS test)
- Undergo random testing in units
- Examining an accident or an incident
- Are suspected of using drugs
- Returning from leave
Modern military drug testing methods are extremely sensitive to THC metabolites for weeks following use.
What Happens If You Test Positive?
The consequences of a positive drug test in the military are serious and career-altering. Outcomes can include:
- Non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ)
- Court-martial in more serious or repeat cases
- Reduction in rank
- Forfeiture of pay
- Discharge from service – often under other than honorable (OTH) conditions
An OTH discharge can follow you for life. It can affect your eligibility for VA benefits, civilian employment, and federal jobs. The stakes are not minor.
What About CBD Products?
This is the part that often confuses most of the service members. There has been an increase in the popularity of CBD products, which people think are completely safe. However, the Department of Defense has issued guidance against the use of such products by service members.
The rationale behind it is that there is no regulation of many CBD products available in the market, and they might contain trace elements of THC. In case you test positive for THC because of the use of the product, “I didn’t know” will not be an acceptable defense. It means that the user has to be responsible for whatever he or she ingests.
The safest way for service members is to completely avoid cannabis-based products.
Can You Enlist If You’ve Used Weed Before?
It’s not that previous use automatically disqualifies you from enlistment, although it gets a little tricky. Here is how each of the branches handle previous cannabis use:
Occasional previous use is generally disclosable and could be waiveable
Heavy or current use is seen as more of a problem and could require a waiver or disqualification
It’s key to remember honesty on this front because lying about previous use of drugs could result in a charge of fraudulent enlistment
It’s best when thinking about enlistment to avoid using cannabis in the lead up – 90 days at minimum would help here.
National Guard: A Common Misconception
It is often assumed that soldiers who belong to the National Guard may be permitted to consume cannabis because they work part-time and are governed by the state’s laws if not on federal duty. This is incorrect.
As far as the drug policies of Guard members who are not on federal duty are concerned, the DoD policy mostly applies across all states. Marijuana consumption among the National Guard members will lead to discharge and loss of rights. Always check with the JAG officer of your particular unit before making any assumptions regarding exceptions.
So, Can You Smoke Weed in the Military?
Absolutely not – both in terms of safety, legality, and your career. The stance of the military is clear-cut, unambiguous and is strictly adhered to by all branches of the military. It is the federal laws that apply to all branches of the armed forces, regardless of what legalization occurs on a state level.
If you are presently serving or thinking about joining the military in the future, you should stay away from any cannabis products at all costs.
FAQ
Q1: Can military members use marijuana in states where it’s legal?
No. Military members are always subject to federal law and DoD regulations, no matter where they happen to be. Possession of marijuana in a state where it is legal is a violation of the UCMJ, which can lead to separation.
Q2: Is medical marijuana allowed in the military?
No. The DoD does not acknowledge state medical marijuana programs. It does not matter if the soldier has a card for medical marijuana; he or she cannot use it.
Q3: Can a positive CBD test get you kicked out of the military?
Yes, it can. Most CBD products have traces of THC in them, and a positive test outcome is treated as one, whether the source was. The armed forces consider the troops accountable for all that they take, so most of them recommend staying away from all CBD products.
Q4: Will past marijuana use disqualify me from joining the military?
No. Depending on the circumstances, past usage might not automatically prevent you from joining the military. Recent usage, however, would likely prevent you from enlisting, as well as lying about it on enlistment forms.
