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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The UCMJ is not based on any state laws. It is based on federal laws. Under federal law the use of tobacco and alcohol are legal (except when you drink and drive), marijuana use is illegal under federal law. But even if the Congress changes the federal laws about marijuana, they will still have to pass a separate law to address its use within the UCMJ.
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It's a foregone conclusion that marijuana will be legalized in the civilian world. Popular support wildly favors the legalization of medical marijuana. And with more and more states also allowing for recreational use, I don't think the feds can continue to fight against it. (Side note: it's interesting that there GOP is usually about states' rights, but side with DC on pot, while Dems are the other way around). It's going to happen.
I think the longer term estimates for the military to adopt it are odd, though. If it becomes legal, people will use it. If the DoD doesn't bend on the rules about marijuana, recruitment will suffer. The only option becomes to allow people to enlist or commission without making a big deal of past marijuana use. And then there's not much of a leg to stand on to keep it illegal.
Yes, the military will lag, but the 10+ year estimates I think are way too long.
I think the longer term estimates for the military to adopt it are odd, though. If it becomes legal, people will use it. If the DoD doesn't bend on the rules about marijuana, recruitment will suffer. The only option becomes to allow people to enlist or commission without making a big deal of past marijuana use. And then there's not much of a leg to stand on to keep it illegal.
Yes, the military will lag, but the 10+ year estimates I think are way too long.
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1stSgt Edward Jackson
I think you are wrong in your assessment, Ensign. There is strong evidence that marijuana does slow motor skills. There is evidence from the Vietnam War that troops who smoked marijuana (or used other illegal drugs) suffered a higher percentage of combat wounds and deaths. There is also ample evidence of non-combat injuries, deaths, and damage or destruction to military equipment and facilities by troops who used marijuana.
Opening up the military to using marijuana will lead to political pressure to open up to other "recreational drug" use.
The US Military need not be used for social experiments. It never fits the missions of the 5 branches of the force. These social experiments almost always fail.
Opening up the military to using marijuana will lead to political pressure to open up to other "recreational drug" use.
The US Military need not be used for social experiments. It never fits the missions of the 5 branches of the force. These social experiments almost always fail.
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LTJG Edward Bangor Jr
1stSGT, it's not about smoking whenever. Alcohol is just as inebriating as THC. Both can have a quantitative test performed (how much is actively in your system), so both can be treated as being drunk/high on duty, behind the wheel, when discharging a firearm, etc. However, we tearfully show service members over the age of 21 (or 18 in some locales with the CO's permission) to drink when not on duty. What effect does it have on readiness if you get a good buzz going on a Friday night when you aren't going to get surge deployed, recalled, or expected to be back on base until Monday morning, everything is copacetic. What specifically is worse about marijuana? No one has an actual answer for that. Treat people like responsible adults. A DUI is a problem, where it be from booze, pills, or pot. But if you're surrendering the night at home or getting an Uber, there isn't much of an argument in favor of resisting the change.
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Until it is made legal by the Federal Government it will remain illegal in the Military. Your argument of less negative affects then tobacco is in valid. Marijuana makes you high, something that tobacco does not do. Depending upon which research you believe marijuana is either More/less or about the same as tobacco when it comes to causing cancer. I see it eventually being legal in the United States but until it is I don't think the Military will even consider addressing the issue.
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Hopefully never, I think the Military already have enough issues to deal with and you don't need to deal with a whole lot of pot heads.
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SPC (Join to see)
"pot heads" is a pretty damn ignorant term. The fact that you have such a condescending attitude makes it clear that you have no idea how many extremely successful business professionals in the civilian world smoke or eat marijuana.
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First, it will never be legal as long as the federal government classifies it as a Schedule I narcotic. Second, even if the federal government takes it off that list (or downgrades it to Schedule III like codeine, which I think is far more likely), the military often sets its own rules for certain things. That's why the UCMJ exists. It will take far longer for the stigma of marijuana to get past the higher ups where "Good Order and Discipline" are concerned. Is that right? I don't know. I don't personally use, and that's a decision way above my pay grade.
I do know that you would see far fewer SSO messages floating around the AUTODIN channels if the feds and military decided to get with the program.
I do know that you would see far fewer SSO messages floating around the AUTODIN channels if the feds and military decided to get with the program.
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It will be legalized federally once the media applies the pressure to lawmakers. They get much better ratings with mass murder though, so there's little chance they'll actually commit on it.
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The larger question is whether or not it will become legal nationally. Therein is the rub. As the population of long term users increases in say WA and CO, along with the availability of study subjects, the near term results of studies are showing a high likelihood of significant health/mental issues with long term use. Too bad they didn't crack open Rodney Dangerfield's brain. Their next chance is Willie Nelson I guess. So academics, AMA, insurance companies, etc. will tend to push back on it along with their lobbies in DC. It's similar to what went on when we got a better grip on exposure to radon gas. So the "forces" against are picking up steam which will head butt with the "freedom of recreation" crowd and to a much less extent with the medical patient crowd.
Given that, I'd expect it to stay on the taboo side with the MILs. Reminds me of other things like spice which is legal to use out in town but better not get caught with it in the barracks. Since lives are on the line, I'd expect a very conservative approach by DoD who will error on the side of "safety" absent long term study results. There will likely be a similar approach to first responders as well.
Given that, I'd expect it to stay on the taboo side with the MILs. Reminds me of other things like spice which is legal to use out in town but better not get caught with it in the barracks. Since lives are on the line, I'd expect a very conservative approach by DoD who will error on the side of "safety" absent long term study results. There will likely be a similar approach to first responders as well.
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SFC Joseph Weber
ENS (Join to see) - scientifically reached. I'll be dead, but I am confident in my methods!
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