The federal stance on cannabis use among active-duty military personnel remains clear and strict: it is prohibited, regardless of changing state laws or evolving public attitudes. For service members and their families, understanding how federal law and Department of Defense (DoD) policy interact is essential to avoiding career-ending mistakes.

At the federal level, marijuana is still classified as a Schedule I controlled substance under the Controlled Substances Act (CSA), a category reserved for drugs considered to have a high potential for abuse and no currently accepted medical use. While the Biden administration initiated a process to move marijuana to Schedule III, that rulemaking remains unresolved as of late 2025, and cannabis is still treated as illegal under federal law. A recent federal appeals court decision also reaffirmed the continued validity of the CSA’s marijuana ban, underscoring that Congress has not yet changed the law.

For active-duty personnel, the key legal framework is the Uniform Code of Military Justice (UCMJ). Article 112a makes the wrongful use, possession, manufacture, or distribution of controlled substances—including marijuana—a court-martial offense. Even simple use or possession of a relatively small amount of marijuana can carry serious penalties, including confinement, forfeiture of pay and allowances, and a dishonorable discharge. These consequences can follow a service member long after separation, affecting future employment, veterans’ benefits, and overall quality of life.

DoD policy goes even further than the civilian federal baseline. DoD Instruction 1010.01 establishes a robust Military Personnel Drug Abuse Testing Program, including random urinalysis, to deter and detect drug misuse across all branches. Guidance from the Air Force and other components makes it explicit: marijuana and marijuana-related substances are prohibited for all service members—Active Duty, Reserve, and Guard—regardless of whether a state has legalized or decriminalized cannabis. In short, “state-legal” does not mean “military-legal.”

Many consumers assume hemp and CBD are safe alternatives, especially after the 2018 Farm Bill legalized hemp under 0.3% delta-9 THC for civilians. However, the DoD has adopted punitive policies that ban all hemp-derived consumables for service members, including CBD oils, tinctures, gummies, teas, capsules, and even many topical products. The reason is straightforward: these products can contain enough THC—sometimes more than the label indicates—to trigger a positive drug test. Recent legal and policy analyses emphasize that the DoD continues to treat any hemp or CBD product as off-limits for troops.

For active-duty personnel, this means that there is effectively no “safe” cannabis product under current federal rules. Using recreational marijuana in a legal state, taking a friend’s medical cannabis, trying “THC-free” CBD from a gas station, or sampling a hemp gummy on leave can all lead to the same outcome: a positive test and potential disciplinary action.

Looking ahead, federal cannabis policy is clearly in flux, with ongoing debates about rescheduling, taxation, and banking. Yet until Congress changes the CSA or the DoD issues new instructions, active-duty members must assume that any cannabis or hemp-derived product is prohibited. Service members who have questions about specific products or medical conditions should speak with their chain of command, a military medical provider, or a legal assistance/JAG office before taking any risk.

For now, the safest course for anyone on active duty is simple: avoid all cannabis, CBD, and hemp consumables entirely.