MILITARY JUSTICE UPDATE - THC USE
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.
Key Points on THC Use and the Military:
- Zero-Tolerance Policy:
- The military prohibits the use of any substances that are illegal under federal law. Although some states have legalized the use of marijuana for medical or recreational purposes, it remains illegal at the federal level and is specifically prohibited by Article 112a of the UCMJ.
- Drug Testing:
- Service members are subject to regular and random drug testing. THC (including delta-8 THC and delta-9 THC) is one of the substances tested for in these screenings. A positive test result for THC can lead to disciplinary action, including Article 15 non-judicial punishment or court-martial and commonly administrative separation from the military.
- Hemp and CBD Products:
- In addition to THC, the use of CBD (cannabidiol) products derived from hemp is also prohibited by service regulations. Although CBD products are legal under the 2018 Farm Bill and do not have the same psychoactive effects as THC, the DoD bans their use because they can contain trace amounts of THC, which could result in a positive drug test.
- Consequences of THC Use:
- If a service member tests positive for THC, they can face severe consequences, including revocation of a security clearance, loss of rank, pay forfeiture, discharge, criminal conviction, and loss of veterans’ benefits. The specific consequences depend on numerous factors including the branch of service, the views of the commander of the member towards THC use, and the circumstances of the alleged use.
With the right advocacy, a positive drug test for THC may not end a military career. Korody Law has successfully represented many servicemembers who have tested positive for THC. Successfull defenses to alleged knowing and wrongful use of THC include unknowing ingestion; innocent ingestion; and faulty collection or testing practices. Additionally some branches of the U.S. military will retain the member even with a positive urinalysis if certain criteria are met such as the use was experimental in nature and the member’s record of service is otherwise meritorious.
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What is delta-8 THC?
The military started testing for 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 delta-8 and delta-9 THC are chemically similar and both offer psychoactive effects, they differ in potency, legality, availability, and the nature of their effects. Delta-8 THC is often marketed as a legal, milder alternative to delta-9 THC, 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:
- Delta-8 THC: 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.
- Delta-9 THC: Delta-9 THC is the primary psychoactive component of cannabis. It can produce a more intense “high,” which includes euphoria, altered sensory perception.
3. Legality:
- Delta-8 THC: 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.
- Delta-9 THC: 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.
4. Availability:
- Delta-8 THC: 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.
- Delta-9 THC: 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.
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.
