Posted on Jun 18, 2016
How long until marijuana is legal in the military?
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Marijuana use is currently prohibited under UCMJ Article 112. However, with many states legalizing its recreational use, how long before the military amends UCMJ Article 112, allowing its use? Having never used with marijuana, I cannot speak from experience, however it could be argued that it has less negative effects than alcohol or tobacco. A THC Breathalyzer is also on the market now.
Marijuana
UCMJ
Politics
Policy
Drugs
Edited 8 y ago
Posted 8 y ago
Responses: 148
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One should note that is not legal anywhere. The federal law can be used even in the states that have allowed it.
Will they? Of course not.
Will they? Of course not.
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Marijuana is a drug. However, so is tobacco and alcohol.
1. Alcohol has very few positive side effects. It's use while on duty status is strictly prohibited, and with good reason. Alcohol is the leading contributor to fatal crashes.
2. Tobacco is currently allowed while on duty status. Tobacco zero health benefits, is a huge money sink hole - especially for younger Sailors, and is one of the most addictive substances known to man. As a non-user, if I were to "dip" while on duty, I would be floored and completely out of commission for a significant amount of time - all legal under the UCMJ.
3. From what I have researched, marijuana has health benefits, though it also has negative side effects. Its impact on someones current state of mind is less drastic compared to alcohol or dip. Marijuana was originally a legal drug, however became a political controversy during a race-war amongst other things relating to big business.
*I'd like to clarify, as an athlete and a professional, I would never use marijuana even if it were legalized. However, I am an enormous supporter of rights. I believe we should question our laws in depth and find the reasoning behind them. Marijuana as a controlled substance is one of those laws that I cannot reasonable understand while alcohol and tobacco are both legal.
Remember, alcohol was prohibited federally under the 18th amendment, and it wasn't until the 21st amendment did it see its legal use again.
1. Alcohol has very few positive side effects. It's use while on duty status is strictly prohibited, and with good reason. Alcohol is the leading contributor to fatal crashes.
2. Tobacco is currently allowed while on duty status. Tobacco zero health benefits, is a huge money sink hole - especially for younger Sailors, and is one of the most addictive substances known to man. As a non-user, if I were to "dip" while on duty, I would be floored and completely out of commission for a significant amount of time - all legal under the UCMJ.
3. From what I have researched, marijuana has health benefits, though it also has negative side effects. Its impact on someones current state of mind is less drastic compared to alcohol or dip. Marijuana was originally a legal drug, however became a political controversy during a race-war amongst other things relating to big business.
*I'd like to clarify, as an athlete and a professional, I would never use marijuana even if it were legalized. However, I am an enormous supporter of rights. I believe we should question our laws in depth and find the reasoning behind them. Marijuana as a controlled substance is one of those laws that I cannot reasonable understand while alcohol and tobacco are both legal.
Remember, alcohol was prohibited federally under the 18th amendment, and it wasn't until the 21st amendment did it see its legal use again.
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Sgt (Join to see)
I have been around users and the effects were bad. The military has also seen the same thing that I have. Marijuana will never be legal in the military.
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ENS (Join to see)
Sgt (Join to see) - I've been around users of alcohol, tobacco, and marijuana. I wouldn't say the effects were good with any one of them. However, as I said previously, I don't understand how marijuana can be prohibited while alcohol and tobacco are not, especially after learning about why it was banned originally.
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ENS (Join to see)
Once all 50 states legalize it, I am sure we will see a much larger push for it. Remember, alcohol used to be illegal in the military as well - federally actually. Now its available almost everywhere.
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I don’t see it happening for a long, long, long, time. People use marijuana and they are incapacitated more so than alcohol. And remember, being incapacitated by alcohol is a UCMJ offense as well…..
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My concern with allowing THC in the context of 'not-so-bad' is where do we draw the line? Heroin? Meth? Cocaine? Alcohol and nicotine are long time established drugs that have been institutionalized with time-tested parameters on what is allowed and what isn't. Adding drugs to this will make things yet more complicated and enforcement regs that much more difficult.
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There is no reason to change UCMJ Article 112 and I strongly doubt that any sane person in the military leadership would ever consider it.
Marijuana use is currently prohibited under UCMJ Article 112a not 112. Due to the weird way the articles are numbered 112a is a completely different article from 112.
The military does not get to amend articles of the UCMJ because the entire UCMJ is federal law, enacted by congress as Title 10 of the United States Code, Chapter 47. Yes, the entire text of Title 10 was undoubtedly drafted by a team of military lawyers, but the verbiage is what was passed by congress, and only congress can change it.
Worse yet for those anxiously awaiting change, the specific law for the military is separate from the overall federal law on 'Controlled Substances' which is the Controlled Substances Act, otherwise known as Title 21 United States Code, Section 812.
Because these are separate laws, they have to be changed separately -- Congress will eventually be pressured to change the Controlled Substances Act, but when congress amends 21 USC 812 that won't automatically change 10 USC 912a which is UCMJ Article 112a.
There is a strong lobbying effort to change 21 USC 812 but little or no effort to change 10 USC 912a.
Marijuana use is currently prohibited under UCMJ Article 112a not 112. Due to the weird way the articles are numbered 112a is a completely different article from 112.
The military does not get to amend articles of the UCMJ because the entire UCMJ is federal law, enacted by congress as Title 10 of the United States Code, Chapter 47. Yes, the entire text of Title 10 was undoubtedly drafted by a team of military lawyers, but the verbiage is what was passed by congress, and only congress can change it.
Worse yet for those anxiously awaiting change, the specific law for the military is separate from the overall federal law on 'Controlled Substances' which is the Controlled Substances Act, otherwise known as Title 21 United States Code, Section 812.
Because these are separate laws, they have to be changed separately -- Congress will eventually be pressured to change the Controlled Substances Act, but when congress amends 21 USC 812 that won't automatically change 10 USC 912a which is UCMJ Article 112a.
There is a strong lobbying effort to change 21 USC 812 but little or no effort to change 10 USC 912a.
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