Marijuana legalized in District of Columbia still unlawful for military, DoD civilians

  • Published
  • By 459th Air Refueling Wing Office of the Staff Judge Advocate
  • 459th Air Refueling Wing Office of the Staff Judge Advocate
JOINT BASE ANDREWS, Md. --  Department of the Air Force personnel working, residing or visiting the National Capital Region must be aware:  The use or possession of marijuana by Air Force personnel is prohibited and may result in significant adverse action, including criminal prosecution as applicable.

On Tuesday, November 4, 2014, residents of the District of Columbia passed Initiative 71, the so-called "Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014."  This ballot initiative purported to make it lawful under District of Columbia law for a person 21 years of age or older to possess marijuana for personal use, grow cannabis plants within a person's principal residence, transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older, and use or sell drug paraphernalia for the use, growing, or processing of marijuana or cannabis. 

Air Force members must be aware, this initiative does not authorize Air Force personnel to use marijuana.  To the contrary, federal law and Department of Defense policy prohibit the use or possession of marijuana.

Military personnel remain subject to criminal prosecution under Article 112a of the Uniform Code of Military Justice (UCMJ) for marijuana use, possession, or distribution--whether the use, possession or distribution occurs in District of Columbia or anywhere else in the world. 

Moreover, DoD civilian employees remain subject to the prohibitions on marijuana use or possession, outlined in a Department of Defense memorandum dated February 4, 2013.  DoD civilian employees are subject to the restrictions governing drug use found in DoD Instruction 1010.09, DoD Civilian Employee Drug-Free Workplace Program, dated June 22, 2012, and other applicable Department of Health and Human Services Substance Abuse and Mental Health Services Administration guidelines. Moreover, civilian employees and contractor employees who use marijuana may find that they are unable to obtain or maintain the security clearances necessary to perform their jobs.

Furthermore, it is 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.

So be mindful of marijuana prohibitions.  DoD will continue to use random urinalysis testing as a means of detecting marijuana use by military and civilian personnel and will continue to take appropriate actions, including criminal prosecutions, to protect our Airmen, and our Air Force.