Politics
Military Warns That Trump’s Marijuana Rescheduling Move Doesn’t Allow Use By Service Members
The Department of War (DOW) has issued a memo to senior Pentagon leadership making clear that marijuana use by military service members and civilian employees of the department remains prohibited, even as the Trump administration is moving to federally reschedule cannabis.
DOW “maintains a drug-free workplace to protect national security, public safety, and operational readiness,” the one-page document dated July 9 and obtained by Marijuana Moment says.
Under an order issued by U.S. Acting Attorney General Todd Blanche in April, marijuana products regulated by a state medical cannabis license immediately moved from Schedule I of the Controlled Substances Act (CSA) to Schedule III, as did any marijuana products that are approved by the Food and Drug Administration (FDA). An ongoing administrative hearing is considering broader marijuana rescheduling.
The new Pentagon memo, which has not previously been reported, seems to not recognize that medical cannabis rescheduling has already occurred, however, saying that “if implemented,” the reform “would not decriminalize marijuana under Federal law.”
“Service members are reminded that the Uniform Code of Military Justice (UCMJ) prohibits certain actions, including the wrongful use, possession, manufacture, or distribution of marijuana, and attempts to commit such acts,” Anthony J. Tata, the under secretary of war for personnel and readiness, wrote. “These offenses remain punishable under the UCMJ, even if a State or local jurisdiction legalizes the use of recreational marijuana or authorizes the sale of marijuana, including medical marijuana, at State dispensaries.”
Lynn Wagner, the executive director of DOW’s Office of Drug Demand Reduction, is listed as a point of contact on the memo, though she did not immediately respond to Marijuana Moment’s request to verify the document, nor did the Pentagon’s press office.
“Service members who violate the UCMJ may be held appropriately accountable, including through judicial, nonjudicial, or administrative action,” Tata wrote in the memo, adding that civilian employees of DOW are subject to restrictions of the department’s Drug-Free Workplace Program.
“These prohibitions do not apply to formulations approved as drugs by the FDA with a valid prescription for a legitimate medical purpose,” he concluded.
The Congressional Research Service, however, published a report on the cannabis rescheduling move explaining that certified patients who possess medical marijuana from state-licensed dispensaries now have certain protections under Schedule III. “The order appears to authorize end users to possess marijuana for medical use without a CSA-compliant prescription,” it says.
The Army, meanwhile, enacted a new policy in April making it so recruits will no longer need to obtain a waiver to enlist if they have a single conviction for possessing marijuana or drug paraphernalia on their records.
That said, military branches have regularly warned service members about the consequences of using marijuana or even federally legal hemp-derived products.
In May, for example, the Army published a post reminding soldiers of its “zero-tolerance” policy for all forms of cannabis and its derivatives—including hair care products and lotions made from hemp.
Last year, a memo to Air Force personnel in Massachusetts warned that not only marijuana but also hemp-derived cannabinoids, including CBD and delta-8 THC, are prohibited on military bases and related properties.
In 2022, the Air Force expressed concern that even using CBD-infused hand sanitizer or hemp granola could inadvertently compromise “military readiness.”
DOD broadly reaffirmed that CBD is off limits to service members in notices published in 2020.
The Navy, for its part, issued an initial notice in 2018 informing ranks that they’re barred from using CBD and hemp products no matter their legality. Then in 2020 it released an update explaining why it enacted the rule change.
The Coast Guard said in 2019 that sailors can’t use marijuana or visit state-legal dispensaries.
Read the full DOW marijuana memo below:
