Will the Colorado and Washington National Guard be punishing Soldiers for recreational marijuana use?

SFC Private RallyPoint Member — Sun, 26 Jan 2014 13:42:48 -0500

Response by TSgt Scott Hurley made Jan 26 at 2014 1:49 PM

TSgt Scott Hurley — Sun, 26 Jan 2014 13:49:05 -0500

They better be. I think those two states were wrong in passing that legislation. The soldiers, Sailors, and Airmen, Even Marines, that are in those states better not use them. Regardless of being in the guard or reserve. Active duty still falls under Full Federal since they are full time. If you wear the uniform in the Guard or Reserve, its better to be safe than sorry. Do not do it just because a state says yes you can.

Response by SFC Michael Hasbun made Jan 26 at 2014 2:21 PM

SFC Michael Hasbun — Sun, 26 Jan 2014 14:21:21 -0500

No, they will be punishing them for violations of the UCMJ or local command regulations or policy letters.

Response by LTC Private RallyPoint Member made Jan 26 at 2014 2:35 PM

LTC Private RallyPoint Member — Sun, 26 Jan 2014 14:35:41 -0500

Unless they are at drill or activated UCMJ does not apply.

When a national guard Soldier goes back to work or college they can light up and as long as they don't come up on the UA or are doing it on duty they will not be charged.

Response by SFC Daniel Faires made Mar 25 at 2014 6:48 PM

SFC Daniel Faires — Tue, 25 Mar 2014 18:48:58 -0400

To answer your question it is really simple  Yes , The Washington Army National guard has a zero tolerance policy . If you Get stoned your going to be out.

Response by PO1 William "Chip" Nagel made Jun 9 at 2014 11:42 PM

PO1 William "Chip" Nagel — Mon, 09 Jun 2014 23:42:40 -0400

Knew that would come up now and very appropriate. While I am very pro-weed. While I was in I was Urinalysis Coordinator and this posses all kinds of questions. Most Drugs are Water Soluble and quickly flushed out of the system unfortunately these are also the most addictive drugs. THC was Fat Soluble and would take a month to get out of your system. Less addictive but man does it hang around in your body. What would the cut-off levels be, how do you measure it, It is a nightmare. Since it is still Federally a bozo no no I think the military must maintain it's no THC Stance but that will change and probably pretty soon and I don't envy those that will set up a system to decide at what point it becomes abuse.

Response by SrA Private RallyPoint Member made Jun 9 at 2014 11:45 PM

SrA Private RallyPoint Member — Mon, 09 Jun 2014 23:45:27 -0400

Last I checked it's still against federal law. The state allows it and when that solider or airman puts on that uniform they represent all of us not just the state.

Response by MAJ Private RallyPoint Member made Jun 9 at 2014 11:45 PM

MAJ Private RallyPoint Member — Mon, 09 Jun 2014 23:45:59 -0400

A couple of points: Active Duty members have two statuses (stati?): On or off duty. National Guardsmen add "Non-Duty" to these statuses. Twenty eight days out of any given month, a Guardsman is in a "Non Duty" status. You are essentially a civilian, and if you break your leg, you have to foot the bill.

Accident reports and safety regulations are therefore a bit more challenging as one needs to know the duty status the Guardsman was in. For that matter, there is a class of accident (R) that exists only for the Guard. But I digress...

True, Guardsmen would not fall under title 10 UCMJ when on drilling status; however, most State Codes will have language that governs the state "militia", and in Georgia, that code is remarkably similar to UCMJ. So the Guard still has the ability to prefer charges against you and chapter you out for various degrees of numbskullery.

Response by SSG(P) Private RallyPoint Member made Nov 7 at 2014 1:53 AM

SSG(P) Private RallyPoint Member — Fri, 07 Nov 2014 01:53:28 -0500

And now Oregon and Alaska join the ranks...I think many military personnel will use that excuse, but it's legal. And and the answer will always be the same, the federal govt doesn't recognize it. Once it does, things will surely be different. Never in my lifetime or dreams did I think marijuana would become legal in my home state.

Response by PV2 Private RallyPoint Member made Mar 20 at 2017 8:59 PM

PV2 Private RallyPoint Member — Mon, 20 Mar 2017 20:59:49 -0400

in the go-1 it states any controlled substances. So, if it is a controlled substance, (which is a federal law and marijuana is on the list) then soldiers will be prosecuted just as before.