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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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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.
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.
