Marijuana use still unlawful for military, DOD civilians

  • Published
  • By TSgt. George Cloutier
  • 439th Airlift Wing Public Affairs
WESTOVER AIR RESERVE BASE, Mass. --  Numerous states, including Massachusetts, have recently passed laws legalizing or decriminalizing the use of marijuana for recreational or medical purposes. These changes may have some military members confused and wondering how these new changes apply to them.

According to current policy, regardless of state of residence, there are no circumstances in which military members, including reservists and Department of Defense civilians, can lawfully use marijuana. Uniform Code of Military Justice applies to military members regardless of state, district or territorial legislation. Thus, military members continue to be subject to prosecution under Article 112a of the UCMJ for marijuana use, possession, or distribution--regardless of where the use, possession or distribution occurs, including foreign countries.

In addition, DOD civilian employees are subject to the restrictions governing drug use found in DOD Instruction 1010.09, DOD Civilian Employee Drug-Free Workplace Program, dated June 22, 2012, and other applicable Department of Health and Human Services Substance Abuse and Mental Health Services Administration guidelines. Moreover, civilian employees and contractor employees who use marijuana may find that they are unable to obtain or maintain the security clearances necessary to perform their jobs.

Airmen now need to be particularly vigilant to avoid getting in situations where civilians may be recreationally using marijuana in their presence. This may mean reassessing off-base living arrangements and being more selective about patronizing establishments where civilians may be using marijuana.

DOD will continue to use random urinalysis testing as a means of detecting marijuana use by military and civilian personnel, and commanders will continue to have the authority to bring the full force of the UCMJ against those Airmen who choose to use, possess, or distribute marijuana.

EDITOR'S NOTE: Portions of this article were reprinted from an article by 1st Lt. Skylar Streetman, 50th Space Wing Staff Judge Advocate.