House of Representatives votes to extend waivers in cases where recruits have failed a marijuana test.
The National Defense Authorization Act Amendment (NDAA), which was part of a unified package on Tuesday, passed by voice vote.
The measure, sponsored by Reps. Dave Joyce (R-OH) and Dina Titus (D-NV), co-chairs of the Congressional Cannabis Caucus, acknowledges that the Army and Navy have already “taken positive steps in their work to design and implement a waiver system that permits potential enlistees into the Armed Forces to reapply for enlistment following a positive toxicology test for tetrahydrocannabinol.”
The amendment also calls for the Air Force to be more proactive, particularly “given that ongoing challenges in recruitment and retention are undermining Armed Forces goals”.
This measure is part of the NDAA legislation, pending the final House approval. It would force these military branches to develop and implement a permanent waiver process comparable with that used by the Army or Navy.
The law states that “the secretary of Defense shall develop a waiver program for those potential enlistees in the Armed Forces that were denied enlistment due to a toxicology result for tetrahydrocannabinol, so that these potential enlistees may reapply to enlist.”
In addition, the Department of Defense must “assess” the “possibility of contact” with prospective recruits that were rejected previously due to their cannabis-related offenses and “to as much extent as possible,” develop a “plan to contact these potential recruits.”
In 180 days from the date of the enactment of the bill, the secretary of defense would be required to present a report with “a plan for creating, distributing, and using a clear description that emphasizes that all waived recruits are eligible and qualified to enlist, even if their enlistment requirements do not match every standard. And that the existing standards of recruitment allow waivers.”
The House last year passed a version of the NDAA that would have prevented drug testing for marijuana as a condition of enlistment in the military or for commission as an officer. The final version of the NDAA that was approved by the Senate and signed into law did not include this provision.
House Rules Committee cleared a cannabis amendment to be voted on by the House earlier in this week. However, they blocked consideration of another proposal made by Rep. Tony Gonzales(R-TX), which clarified that servicemen and women can use hemp products.
It was intended that the secretary of defence could not prevent a member of an Armed Forces “from possessing, using, of consuming products containing hemp and any ingredients derived therefrom if they are compliant with Federal, State or Local law.”
The Gonzales amendment was made without a formal floor vote and appeared to respond to several policy updates by various branches of the military that had banned service members from using marijuana, even legal hemp products.
In February, for example, a memo to Air Force personnel in Massachusetts warned that not only marijuana but also hemp-derived cannabinoids, including CBD and delta-8 THC, are prohibited on military bases and related properties.
In 2022, the Air Force expressed concern that even using CBD-infused hand sanitizer or hemp granola could inadvertently compromise “military readiness.”
After its initial 2019 announcement, DOD more broadly reaffirmed that CBD is off limits to service members in notices published in 2020.
The Navy, for its part, issued an initial notice in 2018 informing ranks that they’re barred from using CBD and hemp products no matter their legality. Then in 2020 it released an update explaining why it enacted the rule change.
The Coast Guard said that sailors can’t use marijuana or visit state-legal dispensaries.
Separately, a general in 2022 said that the Air Force and Space Force were reviewing marijuana policies and considering a “common sense” change that could give potential recruits a pass if they test positive for cannabis.
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