A Republican member of Congress has filed an amendment that would expand waivers for military recruits who’ve tested positive for marijuana.
The amendment to the National Defense Authorization Act (NDAA) filed by Rep. Dave Joyce (R-OH) 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.”
It calls on the Air Force, Space Force and Marine Corps to follow through, especially “given the ongoing recruitment and retention challenges undermining the Armed Forces readiness goals.”
A similar measure filed by Joyce, who is a co-chair of the Congressional Cannabis Caucus, was passed by the House of Representatives last year but was not enacted into law.
The current measure would require those military branches to “develop and implement their own permanent waiver system commensurate with the process employed by the Army and Navy.”
It says that the secretary of defense “shall develop a program through which to provide waivers for potential enlistees into the Armed Forces who were not permitted to enlist following a positive toxicology test for tetrahydrocannabinol so that such potential enlistees are permitted to reapply for enlistment.”
Further, the Department of Defense would be required to “assess the feasibility of contacting” prospective enlistees who were previously rejected over cannabis and, “to the extent feasible, develop a plan to contact such potential enlistees.”
Within 180 days of enactment, the defense secretary would need to submit a report to the congressional committees of jurisdiction with a “plan to create, disseminate, and use a clear definition that highlights that all waivered recruits are qualified and eligible to enlist in the Armed Forces, even if they do not meet every enlistment standard, and that existing standards of enlistment allow for waivers.”
In April, the Army enacted a new policy making it so recruits will no longer need to obtain a waiver to enlist if they have a single conviction for possessing marijuana or drug paraphernalia on their records.
Another amendment filed to NDAA would extend a psychedelics research effort at the Department of Defense (DOD) for an additional six years.
The House Rules Committee is expected to meet next week to determine which submitted amendments can proceed to floor consideration.
In 2024, the House passed a version of NDAA that would have prevented drug testing for marijuana as a condition of enlistment in the military or for commission as an officer. But it was not included in the final version that was signed into law following bicameral negotiations with the Senate.
Lawmakers have also previously considered amendments to address restrictive military policies prohibiting service members from using hemp products.
Last month, for example, the Army published a post reminding soldiers of its “zero-tolerance” policy for all forms of cannabis and its derivatives—including hair care products and lotions made from hemp.
Last year, 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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