Marijuana still off limits to troops even if federal rules change, Pentagon says

For troops and civilian Pentagon employees hoping that changing marijuana laws mean they might be able to partake, that dream has now gone up in smoke. The Department of Defense confirmed this month that weed is still off limits.

The department clarified its policy in response to efforts elsewhere in the federal government to reclassify marijuana, including state-licensed medical marijuana. In a July 9 memo, Undersecretary of Personnel and Readiness Anthony Tata noted that “this change 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,” Tata wrote in the memo. “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.”

Marijuana Moment first reported on Tata’s memo. The Department of Defense confirmed the memo’s authenticity to Task & Purpose.

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The reminder comes as the Trump administration moves to reschedule marijuana on a federal level. In December, Trump signed an executive order to quickly reclassify the drug, a process that would not legalize it but rule it to be a less dangerous drug. Currently, recreational marijuana is a Schedule I drug, the same classification that heroin has.

In April, Acting Attorney General Todd Blanche ordered that state-licensed medical marijuana be reclassified to a Schedule III drug. The move makes it easier for these licensed distributors to register with the federal government and gets rid of the risk for researchers using the drug in studies. More than 40 states currently allow marijuana to be used for medical purposes.

However, the Pentagon says that despite that move, marijuana is still barred under Article 112a of the UCMJ. “Service members who violate the UCMJ may be held appropriately accountable, including through judicial, nonjudicial, or administrative action,” Tata wrote in the memo.

Additionally, civilian employees of the Department of Defense aren’t subject to the UCMJ, but are also barred from the use of marijuana, citing existing rules. The Department of Defense “maintains a drug-free workplace to protect national security, public safety, and operational readiness,” the notice said.

The restrictions don’t apply to FDA-approved drugs that have a “valid prescription for a legitimate purpose.”

The military has repeatedly warned against the use of products made or derived from hemp over the years. However, the federal government has explored the use of marijuana and other drugs for veterans dealing with Post-Traumatic Stress Disorder. Earlier this year, the Army, as part of updates to its recruitment policies, said that recruits no longer require a waiver to enlist if they’ve had a single conviction for possessing weed or weed-related items.