LITTLE ROCK AIR FORCE BASE, Ark. -- The Department of Defense has made it abundantly clear that military members are prohibited from using marijuana and marijuana-related substances. While some states have decriminalized or legalized marijuana for medical or recreational uses, marijuana remains an illegal Schedule I Controlled Substance under federal law. Service members and DoD employees must comply with federal law, and therefore must abstain from using marijuana. Department of Defense Instruction 1010.4 states, “it is DoD policy to … prohibit DoD personnel from unlawfully possessing, dispensing, selling, or using illicit drugs.” Using marijuana is a crime under the Uniform Code of Military Justice. The maximum punishment for wrongful use of marijuana under the UCMJ is a dishonorable discharge, reduction in rank, forfeiture of all pay and allowances, and five years of confinement.
This article aims to clear up some common misconceptions regarding marijuana use for DoD employees and service members.
Who is prohibited from using marijuana?
All military service members (Active Duty, Reservists, and Guard members) and DoD civilian employees are required to abstain from the use, possession, and distribution of marijuana and its derivatives. Additionally, possessing and or using these substances is prohibited to anyone entering the installation, including dependents, contractors and visitors.
What types and methods of marijuana use are prohibited?
The use, possession, and distribution of marijuana and any of its derivatives is forbidden and punishable under the UCMJ, regardless of its intended purpose. Derivatives include tetrahydrocannabinol, THC oil, cannabidiol, and cannabidiol oil, which are products of the cannabis plant. Hemp and hemp oil are also prohibited. Air Force Instruction 90-507, paragraph 1.1.6 notes that “products made with hemp seed and hemp seed oil may contain varying levels of tetrahydrocannabinol, an active ingredient of marijuana, which is detectable under the Air Force Drug Testing Program.” Using these products by any method — smoking, eating, applying as an ointment — is forbidden. Make sure to be informed of the ingredients listed on the products you consume and use to ensure that items do not contain these substances. This cannot be emphasized strongly enough — it is your responsibility to know what substances you are consuming or applying to your body in order to ensure they do not contain illicit substances. This relates to items you intend to eat, drink, smoke, or use on or for your body in any form. If you test positive for drug usage, it is not a valid excuse that you did not know the contents of an item or that you obtained such an item from another individual or an unknown source.
Another important consideration, owning marijuana-related stocks could potentially affect your employment status and security clearance. Some marijuana stocks are included in mutual funds, so do your research to make sure that any stocks you purchase do not involve marijuana.
As noted in the Opinion of the Judge Advocate General of the Air Force 2019-23, the use of CBD is generally permissible only for a valid prescription of the Food and Drug Administration (FDA)-approved Epidiolex®, a drug used for the treatment of seizures associated with rare forms of epilepsy. This same document notes that CBD is not well regulated and can trigger a positive THC result in drug testing laboratories.
When is marijuana use prohibited?
Aside from the rare exception noted above, marijuana is always prohibited. This applies whether a service member is in active or inactive status, on or off duty, on or off base. DoD employees are also held to these standards for the duration of their employment.
Why is marijuana (and its derivatives) prohibited?
Marijuana and its associated substances carry harmful side effects, both short term and long term, which are disruptive to the Air Force mission. According to the National Institute on Drug Abuse, common side effects include panic, fear, distrust, and anxiety. Its use can also cause impaired thinking, breathing, and coordination. It is easy to see how marijuana use undermines the Air Force’s mandate to maintain a lethal force that is always ready to fly, fight, and win.
To report information regarding marijuana or other controlled substances, including prescription drug abuse, please call the 19th Security Forces Squadron Office of Investigations at (501) 987-3620.