Federal cannabis policy is moving faster than military rules, and that gap is exactly where the future of reclassification will be felt most.
Where cannabis rescheduling stands now
In 2023, the U.S. Department of Health and Human Services (HHS) formally recommended that marijuana be moved from Schedule I to Schedule III under the Controlled Substances Act, concluding that cannabis has accepted medical use and a lower abuse potential than other tightly controlled drugs.
In May 2024, the Department of Justice and DEA published a Notice of Proposed Rulemaking to reschedule marijuana to Schedule III and began a formal hearing process that is still underway, with key hearings pushed into 2025.
If finalized, Schedule III status would not “legalize” cannabis federally. It would recognize medical use, loosen some research barriers, and remove the harsh 280E tax penalty that currently blocks cannabis businesses from taking normal business deductions, reshaping the broader industry’s economics.
The military’s baseline: zero tolerance
While federal regulators debate rescheduling, the Department of Defense remains firmly zero-tolerance. DoD policy and service-level guidance still prohibit marijuana, CBD, and hemp-derived products for active-duty, Guard, Reserve and many civilian employees, regardless of state law or labeled THC content.
Legally, the military’s stance rests not only on the Controlled Substances Act but also on Article 112a of the Uniform Code of Military Justice, which explicitly lists marijuana as a prohibited drug. Changing the CSA alone would not automatically legalize cannabis use for service members; Congress would still need to amend Article 112a or direct DoD to rewrite its implementing regulations.
What rescheduling is likely to change
In the near term, even a move to Schedule III would almost certainly leave day-to-day military drug policy unchanged. Commanders would still enforce drug testing programs, and uniformed personnel would still face discipline or separation for cannabis use.
Where rescheduling may show up first is behind the scenes:
- Research access. Schedule III status would make it easier for DoD and VA researchers to study cannabis, just as they already do with other controlled medications. Congress has already directed the Pentagon to explore plant-based therapies, including marijuana, under programs created in the FY 2024 National Defense Authorization Act.
- Clinical pathways. If more cannabis-based or cannabis-derived medicines win FDA approval under a Schedule III framework, military and VA clinicians could have clearer routes to prescribe them in tightly controlled settings, especially for chronic pain, PTSD-related symptoms, or sleep issues—areas where many troops and veterans already seek relief.
Longer-term possibilities and pressure points
Over time, rescheduling could intensify the pressure on DoD to distinguish between illegal drug use and regulated medical treatment. As more states normalize cannabis and federal regulators acknowledge medical value, the optics of punishing a service member for using a doctor-recommended product that is legal at the state level will grow more complicated.
Any major shift, however, would still require clear action from Congress. Advocates inside and outside the ranks envision several future scenarios: allowing narrowly defined medical cannabis use under prescription; carving out protections for veterans working in the state-legal industry; or, much further down the road, revisiting outright bans on off-duty use in states where cannabis is legal. For now, these ideas remain speculative rather than imminent.
What is certain is that rescheduling will widen the gap between how the civilian market treats cannabis and how the military enforces it. For troops, veterans, and families watching this debate unfold, understanding that divide—and how it might evolve over the next decade—will be just as important as the headline about which schedule cannabis ultimately lands in.
