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MILITARY JUSTICE UPDATE - THC USE IN THE MILITARY
POSITIVE DRUG TESTS FOR THC ON THE RISE IN THE U.S. MILITARY
Since 2018, there has been at least a 50% increase in the number of positive drug tests for THC in the U.S Military
THC use is not legal in the U.S. military. The Department of Defense (DoD) has a strict zero-tolerance policy regarding the use of THC (tetrahydrocannabinol), the psychoactive component found in cannabis, regardless of its legal status in various states. This policy applies to all forms of THC, including delta-9 THC (found in marijuana), delta-8 THC, and other THC variants, whether derived from marijuana or hemp.
THC9 (Marijuana)
The military prohibits the use of any substances that are illegal under federal law. Although some states have legalized the use of marijuana and other THC9 (Delta-9-THC) for medical or recreational purposes, it remains illegal at the federal level and is specifically prohibited by Article 112a of the UCMJ.
THC9 (Hemp and CBD Products)
The use of CBD (cannabidiol) products derived from hemp is prohibited by service regulations enforced through Article 92 of the UCMJ. Although CBD products are legal under the 2018 Farm Bill and do not have the same psychoactive effects as marijuana, the DoD bans their use because they can contain trace amounts of THC9, which could result in a positive drug test for THC9.
THC8 (chemically derived)
THC8 (Delta-8-THC) is produced from CBD and other hemp products through a chemical process. Because THC8 is not THC9 (a prohibited substance), companies have successfully convinced courts it is not illegal under federal or state law. However, because it is hemp-derived, military members are prohibited from using it by service regulations.
Everything to know about THC Use in the Military
Service members are subject to random drug testing. THC8 and THC9 are two of the substances tested for in these screenings. A positive test result for THC8 or THC9 can lead to disciplinary action, including Article 15 non-judicial punishment or court-martial and administrative separation from the military.
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Let Korody Law provide you a free case consultation regarding a positive military drug test.
What is THC8?
The military started testing for THC8 (Delta-8-THC) in July 2021.
Beginning in July 2021, all U.S. military drug testing laboratories began testing every sample for both Delta-8 THC and Delta-9 THC. Positive results are reported as “THC8” and “THC9” respectively. Here are the differences between delta-8 THC and delta-9 THC.
While THC8 and THC9 are chemically similar and both offer psychoactive effects, they differ in potency, legality, availability, and the nature of their effects. THC8 is often marketed as a legal, milder alternative to THC8, with milder psychoactive properties.
1. Chemical Structure:
- Delta-8 THC: Delta-8 tetrahydrocannabinol is an isomer of delta-9 THC. The main difference in chemical structure is the placement of a double bond. In delta-8 THC, this double bond is on the eighth carbon atom in the chain.
- Delta-9 THC: Delta-9 tetrahydrocannabinol is the most common form of THC found in cannabis. Its double bond is located on the ninth carbon atom in the chain.
Although this difference in the location of the double bond may seem minor, it significantly affects how each compound interacts with the body’s endocannabinoid system.
2. Psychoactive Effects:
- THC8: Delta-8-THC is known to produce a milder psychoactive effect compared to delta-9 THC. Users often report a more clear-headed high with less anxiety and paranoia. It’s considered to be about half as potent as delta-9 THC in terms of psychoactivity.
- THC9: THC9 is the primary psychoactive component of cannabis. It can produce a more intense “high,” which includes euphoria, altered sensory perception.
3. Legality:
- THC8: The legality of delta-8 THC is complex and varies by jurisdiction. Under the 2018 Farm Bill in the United States, delta-8 THC derived from hemp (containing less than 0.3% delta-9 THC) is technically legal at the federal level. However, several states have moved to regulate or ban delta-8 THC due to safety and regulatory concerns.
- THC9: Delta-9 THC is illegal under federal law in the United States, classified as a Schedule I controlled substance. However, many states have legalized its use for medical or recreational purposes. The DEA has proposed to reclassify THC9 and marijuana as a Schedule II controlled substance. This may mean that military members could use THC9 or marijuana if the member has a bona fide prescription. However, since military members have to obtain all medical care from a military treatment facility or promptly report all outside medical care and prescriptions, the military will have a tight grip on medical marijuana use.
4. Availability:
- THC8: Delta-8 THC is less abundant in cannabis plants and is typically produced from CBD extracted from hemp through chemical processes. It is available in various forms, such as tinctures, edibles, vape cartridges, and gummies.
- THC9: Delta-9 THC is more abundant in cannabis plants, especially in marijuana varieties. It is widely available in both medical and recreational dispensaries in states where cannabis is legal. It is available in various forms, such as tinctures, edibles, vape cartridges, and gummies.
Korody Law is a nationally recognized military defense law firm.
With the right advocacy, a positive drug test for THC may not end a military career. We have successfully represented servicemembers who have tested positive for THC.
Successful defenses to alleged use of THC8 or THC9 by a military member include unknowing ingestion; innocent ingestion; and faulty collection or testing practices.
Our Experience
We use our experience as senior JAG Officers to win cases for our clients. We have handled hundreds of military drug test or urinalysis cases.
Your Career
Don't let a positive military drug test end your military career. Remain silent and contact Korody Law. We know exactly how to challenge a positive military drug test or urinalysis.
Our Process
We work with our clients to develop a clear and comprehensive defense to the allegation that a positive military drug test indicates knowing use of the drug. We know how the collection and testing process works, and the flaws that frequently occur in those processes.
Positive military drug test? Contact us now!
Let Korody Law provide you a free case consultation regarding a positive military drug test.
Worldwide Military Defense
Korody Law has the experience, training, and skills to ensure that your rights as a member of the military and a citizen of the United States are protected. Korody Law’s military defense attorneys have decades of experience defending members of the military. They have handled hundreds of General and Special Courts-Martial, Article 32 Preliminary Hearings, Non-Judicial Punishment (Article 15) hearings and appeals, and administrative separation hearings and appeals.
Military Drug Test Defense Lawyer — Article 112a THC & Urinalysis Cases
Being accused of drug use based on a positive urinalysis — especially for marijuana or THC — can destroy a military career, security clearance, and retirement prospects. Under Article 112a, UCMJ, the military still treats marijuana and THC metabolites as unlawful, regardless of state law or federal rescheduling debates.
If you tested positive on a urinalysis or are under investigation by NCIS, CID, OSI, or base law enforcement, your defense begins with a strong legal strategy — not an apology. Korody Law, P.A. defends service members in the Jacksonville area (including NAS Jacksonville, NS Mayport, Blount Island, and Kings Bay) and nationwide in high-stakes military drug use cases.
Positive urinalysis? Investigated for THC use?
Do NOT agree to statements, waive rights, or consent to searches without a lawyer. A single misstep can become evidence against you in court-martial.
Call Korody Law at (904) 383-7261 for a confidential drug defense evaluation.
What Is an Article 112a Urinalysis Case?
Article 112a of the Uniform Code of Military Justice criminalizes:
- Wrongful use of a controlled substance
- Possession of a controlled substance
- Distribution or introduction of a controlled substance onto military property
In practice, the most common drug use case in the military involves a positive urinalysis. Even if you didn’t deliberately ingest a prohibited substance, the military may still prosecute if it alleges use.
Marijuana, THC, Hemp & Military Drug Policies
Many service members believe that because marijuana is decriminalized in some states, it’s legal. That is FALSE for the military. Under military law:
- THC metabolites in urine are treated as proof of use
- Hemp/CBD products can still trigger positive tests
- Delta-8/Delta-10 products are not exempt from military drug policy
Even if the federal government reclassifies marijuana, military policy (UCMJ + service regulations) still prohibits its use. The military does not recognize state legalization as a defense.
How Military Drug Investigations Start
Drug cases often begin with:
- Unit or command urinalysis
- Command-directed urinalysis after an incident
- Base police detection or tips
- Undercover operations and informants
- Searches following unrelated arrests
Once you test positive, investigators (NCIS, CID, OSI, CGIS) will:
- Interrogate you without counsel
- Pressure admissions
- Collect additional statements and samples
How you respond in the first 48 hours dramatically impacts your defense options.
Common Defenses in Drug Use Cases
1. Chain of Custody & Testing Errors
- Improper collection procedures
- Unsecured sample bottles
- Lab contamination or testing anomalies
- Mishandled logs or personnel error
2. Unknown Ingestion Defense
In certain cases, evidence may show that the service member did not knowingly consume THC, such as:
- Erroneous labeling of products
- Shared drinks or cross-contamination
- Third-party contamination
3. Medical & Prescription Considerations
Certain prescription drug interactions can cause false positives — and not all labs have the same thresholds or verification procedures.
4. Improper Questioning & Rights Violations
If investigators question you without proper rights advisement, admissions may be suppressed.
Penalties for Article 112a Convictions
Convictions can result in:
- Dishonorable or Bad-Conduct Discharge
- Confinement (punitive)
- Reduction in rank
- Forfeiture of pay
- Loss of security clearance
- Negative civilian employment impacts
These are life-altering consequences — not just administrative paperwork.
Korody Law’s Approach to Military Drug Use Defense
We combine military justice experience with scientific and procedural knowledge to:
- Analyze the urinalysis collection and lab process
- Challenge chain of custody issues
- Question procedural violations by investigators
- Develop unknown ingestion and product contamination defenses
- Coordinate civilian and military strategy when necessary
Our goal is to keep you out of a court-martial, or to fight for the most favorable outcome possible if charges proceed.
Questions You Need Answered
Can I be convicted with just a positive urinalysis?
Not always. The government must prove proper procedures were followed and that the positive result correlates to use. Flaws in the process can be grounds for suppression or mitigation.
Does it matter if I used before duty?
Yes, and no. The military does not distinguish between on-duty and off-duty use. A positive test is treated as evidence of wrongful use.
Can I be punished if I refuse a urinalysis?
Refusal itself can lead to adverse action, including an Article 112a case for wrongful refusal.
Can I face civilian and military charges?
Yes. A drug arrest off base can trigger both civilian prosecution and a court-martial under the UCMJ.
Serving Jacksonville & Military Communities Nationwide
Korody Law defends service members in military drug use cases in:
- NAS Jacksonville
- NS Mayport
- Blount Island Command
- Kings Bay
- Other branches and installations nationwide
Call (904) 383-7261 for a confidential conversation about your military drug use case.
Korody Law, P.A. – Military Drug Test & Urinalysis Defense