When considering joining the military, it’s crucial to be aware of the rules surrounding drug use, including marijuana. While some states allow the use of medical marijuana, the military follows federal law, which remains strict about its prohibition.
In this article, you will explore the policies surrounding medical marijuana use and military service, focusing on how state and federal laws interact, and the steps you should take if you’re using medical marijuana and want to join the military.
State Law vs. Federal Law: The Legal Conflict
he discrepancy between state and federal marijuana laws can be confusing. While over 39 states have legalized medical marijuana, federal law still classifies marijuana as a Schedule I substance under the Controlled Substances Act (CSA). This means marijuana is illegal federally, even in states where it’s legalized for medical or recreational use.
Since the military operates under federal jurisdiction, it adheres to federal law, creating a direct conflict with state-level legalization. As a result, military recruitment and service policies prohibit marijuana use, regardless of state laws.
Whether for recreational or medical purposes, marijuana is disqualifying for both prospective recruits and active-duty personnel.
State Law: Medical Marijuana Cards and Legal Use
Each state has the right to pass its own laws regarding the use, sale, distribution, and cultivation of marijuana. As of now, over 39 states in the U.S. have legalized medical marijuana, and some states have even moved toward full recreational legalization.
In these states, individuals who suffer from qualifying medical conditions (like chronic pain, PTSD, or anxiety) can apply for a medical marijuana card from the state’s health department. With a medical card, you are legally allowed to:
- Possess and use marijuana for medicinal purposes within the state.
- Purchase marijuana from state-licensed dispensaries.
For many people, having a medical marijuana card provides access to treatment for medical conditions that might not have effective alternatives.
But this state-level legalization only applies to state jurisdictions. Even in states where marijuana is legal for medical purposes, the military still prohibits its use due to federal law.
Federal Law: The Schedule I Classification and Its Impact on Military Service
Under federal law, marijuana’s classification as a Schedule I drug means its use is strictly prohibited in the military, even if legal in a state. This zero-tolerance policy applies to all military personnel and recruits:
- Active service members are forbidden from using marijuana, even for medical purposes, and could face disciplinary action if caught.
- Prospective recruits who have used marijuana, even if it was legal in their state, are disqualified from military service.
The recruitment process includes a thorough background check, which may include medical records. If marijuana use is discovered, it is typically an automatic disqualification.
What Are The Medical Reasons You Can’t Join the Military?
While marijuana may be legal for medical reasons in your state, its medical use does not allow you to bypass the military’s strict drug-free policy. Even if marijuana is used for legitimate medical reasons, such as managing chronic pain or anxiety, its use still disqualifies individuals from joining the military.
The military’s zero-tolerance policy is rooted in the need for operational readiness and performance standards. While you may be using marijuana to manage a health condition, it is considered a disqualifying medical condition in the eyes of military recruiters because marijuana use is prohibited under federal law.
So, medical reasons you can’t join the military are typically centered around substance use, including marijuana, even if it’s prescribed for your health.
Can You Get a Medical Card While in the Army?
The short answer is no. If you’re already enlisted in the military, obtaining a medical marijuana card is generally not allowed. The military’s zero-tolerance drug policy forbids the use of marijuana, even for medical reasons.
Since marijuana is still illegal under federal law, there is no provision for active-duty service members to legally use marijuana for medical purposes while serving.
While you can certainly use medical marijuana in states where it’s legal before joining the military, you will need to stop using it during your service.
If you are in the army, your use of medical marijuana would violate military regulations, and you could face serious penalties such as discharge or loss of benefits.
Therefore, the question of whether you can get a medical card while in the army is essentially moot, as medical marijuana use is not permitted in active military service.
Why Does the Military Ban Active Marijuana Users?
The military’s zero-tolerance drug policy is designed to maintain high standards of readiness and performance. Marijuana is considered a substance that can impair mental and physical performance, which is crucial in military service.
While marijuana may be beneficial for medical reasons, its use can still impair reaction time, decision-making, and overall mission effectiveness, all of which are non-negotiable in the armed forces.
What Happens If You’re Caught Using Cannabis in the Military?
If you’re caught using cannabis while serving in the military, the consequences can be severe due to the military’s policy on drug use.
Since military bases are considered federal land, violations of drug laws are handled under federal jurisdiction. This means that marijuana possession, whether for medical or recreational purposes, is treated as a federal offense.
For first-time offenders, the punishment typically results in a misdemeanor charge. Depending on the severity of the situation, the punishment could include a fine of up to $1,000, or in some cases, even a short period of incarceration.
The military takes these offenses seriously, and even minor violations can lead to disciplinary action.
For those who are caught using marijuana more than once, the situation becomes much more serious. Second and third-time violators face felony charges, which carry harsher penalties. Fines can escalate to up to $5,000, and individuals could face 1-3 years in jail.
This is a clear indication that the military does not take repeated drug offenses lightly and is determined to maintain a drug-free environment at all costs.
Beyond criminal charges, the military can discharge any service member who violates the zero-tolerance policy. Discharge from the military can come with lasting consequences, including a permanent mark on your record, loss of benefits, and a potential obstacle to future employment.
Each case is evaluated on an individual basis by your superiors and the military court. Given the seriousness of the penalties, it’s strongly advised to seek legal representation if you are facing charges.
An experienced attorney who specializes in military cases can make a significant difference in your defense and the potential outcome. In many situations, the level of representation you receive could influence whether you face the harshest penalties or are given a more lenient sentence.
In summary, the consequences for cannabis use in the military are steep. First offenses may result in a fine or short jail time, while subsequent violations can lead to felony charges, hefty fines, extended jail sentences, and the risk of discharge.
Military law is strict, and any drug-related offense is taken seriously, making it crucial to avoid marijuana use entirely while serving.
What if I Used Medical Marijuana in the Past? Can I Still Join the Military?
If you’ve used medical marijuana but are no longer actively using it, you may still be eligible to join the military. However, you’ll need to be completely transparent about your past use during the recruitment process.
The military will conduct a background check, and it’s essential to be upfront about any previous marijuana use. While past use may not automatically disqualify you, there could be a waiting period required before you can enlist, depending on your specific situation.
Can I Take My Medical Marijuana with Me If I Join the Military?
Once you’re in the military, you cannot legally possess or use marijuana, even if it’s prescribed for medical purposes. The military does not make exceptions for medical marijuana use due to the federal classification of cannabis.
If you need medical marijuana for a condition you’re dealing with, it’s essential to consult with military medical personnel to explore alternative treatment options that align with the military’s health guidelines.
Considering Your Future: Balancing Medical Marijuana and Military Service
Deciding whether to join the military while using medical marijuana is a difficult decision. Federal law’s stance on marijuana does not change when joining the military, and the zero-tolerance policy will require you to cease its use.
If serving in the military is your priority, you may need to adjust your medical marijuana use temporarily. While this might seem challenging, it could open doors to a fulfilling military career. It’s important to weigh the benefits of service with your medical needs and make an informed decision.
What to Do Next: Steps to Take If You Have a Medical Marijuana Card
- Step 1: Stop using marijuana for a period of time before applying. This is crucial to ensuring your eligibility during the recruitment process.
- Step 2: Be transparent about your medical marijuana use during your recruitment process. Full disclosure is important for avoiding any future complications.
- Step 3: Consult with a recruiter about your specific situation to understand the exact requirements and any potential waiting periods for past marijuana use.
Conclusion: Choosing Between Military Service and Medical Marijuana
The decision to join the military while using medical marijuana is not an easy one. Federal law does not allow marijuana use in the military, and the zero-tolerance policy is clear.
However, if you decide to discontinue marijuana use and fully commit to the recruitment process, your military career could still be within reach.
As you consider your options, remember that there are alternatives for managing your medical condition that align with military requirements.
Whether you decide to pursue a career in the military or continue with your medical marijuana treatment plan, the path forward requires careful consideration and planning.
