JOINT BASE LANGLEY-EUSTIS, VA.
With the recent trend of products containing cannabidiol, or CBD oil, as well as the growth of marijuana businesses, the 633rd Air Base Wing Staff Judge Advocate has provided guidance to help U.S. service members navigate their questions.
Although some states have legalized aspects of the industry, the manufacture, distribution, possession and use of marijuana remains illegal under both federal and military law. Owning stock in these companies helps promote these activities; therefore, service members are strongly advised not to buy it.
The ownership of marijuana stocks can also affect one’s ability to gain or retain a security clearance.
Another prominent issue concerns the purchase and use of CBD oil, which the 633rd ABW JA advises military personnel not to engage in. According to the Drug Enforcement Administration, CBD oil is a Schedule I, Marijuana Extract. Because CBD Oil is not regulated, it is a possibility that personnel who use it may test positive for tetrahydrocannabinol, or THC.
The 2018 Farm Bill generally legalized hemp products with minor amounts of THC in them; however, use of such products is prohibited by Air Force Instruction 90-507, Military Drug Demand Reduction Program:
Studies have shown that products made with hemp seed and hemp seed oil may contain varying levels of THC, an active ingredient of marijuana, which is detectable under the Air Force Drug Testing Program. In order to ensure military readiness, the ingestion of products containing or products derived from hemp seed or hemp seed oil is prohibited. Failure to comply with the mandatory provisions of this paragraph by military personnel is a violation of Article 92, UCMJ. Violations may result in administrative disciplinary action without regard to otherwise applicable criminal or civil sanctions for violations of related laws.
While both these issues continue to be reviewed at higher Department of Defense levels, military personnel are advised by the JA not to purchase marijuana stocks or use products with CBD oil.
For questions regarding these issues, contact the Langley Air Force Base Legal Office, Military Justice Section at 764-3280, or Fort Eustis Legal Assistance at 878-3031, ext 222.