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Despite D.C. law change, marijuana use still prohibited for DOD personnel

  • Published
  • By Master Sgt. Tammie Moore
  • Air Force District of Washington Public Affairs
JOINT BASE ANDREWS, Md. --  The citizens of the District of Columbia voted to legalize the possession of small amounts of marijuana by passing Initiative 71 on Nov. 2. Despite this change in law, service members and federal civilian employees are subject to Federal prohibitions on marijuana use, possession or distribution.

Initiative 71 legalizes the possession of up to two ounces of marijuana, the growing of up to six plants, and the sharing, but not selling, of up to an ounce of marijuana to individuals 21 or older. The measure also legalizes the use and selling of marijuana drug paraphernalia.

Despite the passing of Initiative 71, if a service member uses marijuana they are in violation of the Uniform Code of Military Justice Article 112a. The UCMJ specifically lists marijuana as an illegal substance for service members to use, possess, manufacture, or distribute. 

The prohibition applies to federal civilian employees under the Controlled Substances Act, which lists marijuana as a Schedule I controlled substance. In addition, Executive Order 12564 establishes the federal workplace as a drug free workplace.  The EO requires federal employees "to refrain from the use of illegal drugs;" establishes that "the use of illegal drugs by Federal employees, whether on duty or off duty, is contrary to the efficiency of the service;" and holds the "persons who use illegal drugs are not suitable for Federal employment."

Likewise, dependents of service members who live on a military installation in the District of Columbia should keep in mind it is still a federal crime for an individual to bring marijuana onto a military installation.

"Any person found in possession of marijuana on a military installation could be barred from base for a significant period of time and ejected from residing in base housing," said Capt. Adam Zarazinski, 11th Wing Judge Advocates Office.

While the voters in the District of Columbia have legalized the possession of small amounts of marijuana, the UCMJ has not changed.

"The DOD will continue to use random urinalysis testing as a means of detecting marijuana use by military and civilian personnel, and commanders will continue to have the authority to bring the full force of the UCMJ against those Airmen who choose to use, possess, or distribute marijuana," Zarazinski said. "The mission of the U.S. Air Force is of paramount importance, and Airmen who use marijuana are neither prepared nor suited to carry out that mission."