Politics
Congressional Committee Approves Defense Bill With Marijuana And Psychedelics Provisions For Military Service Members
A key GOP House committee has approved a large-scale defense bill with a number of marijuana and psychedelics provisions attached, including a proposal to prohibit military branches from testing recruits for cannabis.
The House Armed Services Committee passed the 2025 National Defense Authorization Act (NDAA) on Wednesday.
A provision that was included in the Military Personnel subcommittee’s draft NDAA proposal and ultimately incorporated into the legislation passed by the full panel calls for an update from the Department of Defense (DOD) on the status of its psychedelics clinical trials that are being conducted as prescribed under the 2024 version of the bill.
Members also accepted an amendment from Rep. Nancy Mace (R-SC) that would require DOD to issue a report on how many service members have been discharged due to marijuana.
Under a section on recruitment, the bill proposes eliminating marijuana testing for enlistment purposes:
“SEC. 531 PROHIBITION ON CANNABIS TESTING FOR ENLISTMENT OR COMMISSION IN CERTAIN ARMED FORCES.
Subject to subsection (a) of section 504 of chapter 31 of title 10, United States Code, the Secretary of the military department concerned may not require an individual to submit to a test for cannabis as a condition of enlistment of such individual as a member, or the commission of such individual as an officer, of an Armed Force.”
That mirrors a proposed amendment to DOD appropriations legislation last year that was led by Rep. Matt Gaetz (R-FL).
Gaetz told Marijuana Moment last week that the NDAA cannabis provision was “a collaborative effort.”
DOD told lawmakers last year that marijuana’s active ingredient delta-9 THC is the most common substance that appears on positive drug tests for active duty military service members. And several military branches have taken steps to loosen cannabis-related restrictions, including issuing waivers for recruits who test positive their first time.
Mace said her amendment that was adopted as part of an en bloc package on Wednesday would demand a report from DOD “on how many troops have been kicked out over the last decade for using cannabis.”
“As more states legalize, we need data to assess whether these discharges serve in the best interest of our national security,” she said.
The measure adds report language reading:
“The committee directs the Secretary of Defense to submit a report to the House Committee on Armed Services and the Senate Committee on Armed Services on the number of servicemembers discharged from service on the sole basis of marijuana use not later than December 1, 2024. The report shall include the total number of servicemembers discharged over the previous ten years, the number discharged by year, and the state or location these service members resided at the time of discharge.”
🚨#FY25NDAA AMENDMENT PASSED:
We are demanding a report from the DoD on how many troops have been kicked out over the last decade for using cannabis. As more states legalize, we need data to assess whether these discharges serve in the best interest of our national security.— Rep. Nancy Mace (@RepNancyMace) May 22, 2024
An additional amendment from Rep. Steven Horsford (D-NV) that was adopted by the panel would require a DOD briefing on sentencing for cannabis-related offenses under the Uniform Code of Military Justice.
Report language added by the amendment reads:
“Briefing on Sentencing of Cannabis-Related Offenses Under the Uniform Code of Military Justice In 2019, the U.S. Government Accountability Office reported that some disparities exist in different stages of the military justice process, including at courts-martial. The committee acknowledges and commends the Department for its numerous initiatives to address identified disparities and to reform the Uniform Code of Military Justice, including by implementing sentencing parameters pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022. The committee further recognizes that the U.S. Drug Enforcement Administration has agreed with the Department of Health and Human Services’ recommendation to reschedule Cannabis from Schedule I to Schedule III of the Controlled Substances Act.
To better understand potential disparities in sentencing outcomes for cannabis-related offenses, the committee directs the Secretary of Defense, in coordination with the Secretaries of the military services, to provide a briefing to the House Committee on Armed Services not later than January 31, 2025, on the following:
1) the number of convictions, broken down by service, for cannabis use for the last four fiscal years, disaggregated by time in service, rank/grade, sex, race, and ethnicity;
2) the number of convictions, broken down by service, for cannabis possession for the last four fiscal years, disaggregated by time in service, rank/grade, sex, race, and ethnicity;
3) the number of convictions, broken down by service, for cannabis use and possession, for the last four fiscal years, disaggregated by time in service, rank/grade, sex, race, and ethnicity; and
4) for each of the categories listed above, an assessment of whether any disparities exist based on time in service, rank/grade, sex, race, or ethnicity in the reviewed sentencing of servicemembers, broken down by service.”
Mace also touted a separate amendment that she said “supports states’ rights by incorporating findings from 38 state marijuana programs into research.”
🚨#FY25NDAA AMENDMENT PASSED:
Given PTSD & brain injury rates among the veteran community, diverse treatments are crucial. Our #NDAA25 amendment supports states' rights by incorporating findings from 38 state marijuana programs into research.
— Rep. Nancy Mace (@RepNancyMace) May 23, 2024
The amendment adds report language stating:
“The committee notes that to date, 38 states have implemented state regulatory programs for marijuana and therefore retain a level of knowledge and lessons learned regarding regulations and trends among producers, products, and consumer habits. The committee believes that the Department of Defense program established under Section 723 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) to study the effectiveness of psychedelic substances and plant-based therapies, including marijuana, in treating post-traumatic stress and traumatic brain injuries should incorporate findings and data collected by State-approved marijuana regulatory programs. The committee directs the Secretary of Defense to provide a report to the House Committee on Armed Services not later than January 31, 2025, on the extent to which the Department is coordinating with States which have regulatory programs for marijuana and incorporating related findings and data collected by State-approved marijuana regulatory programs.”
The legislation as proposed by the Military Personnel subcommittee also includes report language to follow up on provisions in the most recently enacted NDAA that provide funding for DOD-led clinical trials on the therapeutic potential of psychedelics for active duty military service members.
The report language says the committee “wants to ensure the establishment of the program is progressing without impediment,” and calls on DOD to provide Congress with a status update report by January 31, 2025. Here’s the section:
“Section 723 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) established a Department of Defense program to study the effectiveness of psychedelic substances and plant-based therapies in treating post-traumatic stress and traumatic brain injuries. The committee wants to ensure the establishment of the program is progressing without impediments. Therefore, the committee directs the Secretary of Defense to provide a briefing to the House Committee on Armed Services no later than January 31, 2025, on the following with regards to the progress of the program:
(1) the Department’s process for funding eligible entities;
(2) the Secretary’s selection for lead administrator to carry out the program;
(3) a list and description of the eligible entities that have been selected for the program;
(4) how the Department notified and selected servicemembers to participate in the program;
(5) how many servicemembers have requested participation in the program;
(6) how many servicemembers have been selected for participation in the program;
(7) any issues the Department is encountering establishing the program;
(8) any anticipated delays to implementing the program; and
(9) any other information the Secretary deems relevant.”
Rep. Morgan Luttrell (R-TX), a former Navy SEAL with personal experience with psychedelics treatment who championed the underlying amendment, told Marijuana Moment earlier this year that he planned to separately meet with military leadership to collaborate on how to effectively administer the program.
Meanwhile, a top official at the U.S. Department of Veterans Affairs (VA) said at a conference this month that he was initially “surprised” by the level of bipartisan support for psychedelic medicine in Congress. He said, at this point, psychedelics policy enjoys a greater level of bipartisanship than marijuana.
The conference took place about two weeks after the House Veterans’ Affairs Committee passed a bill to require VA to notify Congress if any psychedelics are added to its formulary of covered prescription drugs.
Daily Marijuana Use In U.S. Is Now More Common Than Daily Alcohol Drinking, New Study Finds
Image element courtesy of Kristie Gianopulos.
