Military Positive Drug Tests and NICS Firearm Prohibitions: What Service Members Need to Know
When a service member tests positive on a military urinalysis—whether THC, Delta-8 THC, or any other controlled substance—the consequences extend far beyond military discipline. A confirmed positive drug test is reported to the National Instant Criminal Background Check System (NICS), resulting in a potential one-year federal firearms prohibition.
A recent Army memorandum confirms that all illicit positive drug test results—including Delta-8 THC—are reported to NICS by the U.S. Army Criminal Investigation Division. It is unclear whether the other services are reporting positive drug test results to NICS.
What Is NICS?
The National Instant Criminal Background Check System (NICS) is a nationwide firearm background check system run by the FBI. Created under the Brady Handgun Violence Prevention Act of 1993, NICS determines whether a person is legally allowed to purchase or possess a firearm in the United States.
When someone attempts to buy a firearm from a licensed dealer, the deal must run the buyer’s name through NICS. NICS checks federal and state databases for:
- Criminal convictions
- Protective orders
- Fugitive status
- Mental health adjudications
- Immigration prohibitions
- Drug use prohibitions
- Military disqualifications (e.g., dishonorable discharge)
If NICS identifies a legal prohibitor, the dealer must deny the firearm purchase.
Why Does the Military Report Positive Drug Tests to NICS?
The authority comes from federal firearms law—not military policy.
Under 18 U.S.C. § 922(g)(3), it is unlawful for:
“any person who is an unlawful user of or addicted to any controlled substance to possess or receive any firearm or ammunition.”
A positive military drug test is treated as conclusive evidence of “unlawful use” because:
- Military members are prohibited from using controlled or hemp-derived THC substances
- DoD urinalysis tests are legally reliable and admissible
- The use violated a federal lawful order under the UCMJ
Therefore, under federal law, the military must report unlawful drug use to NICS.
Where Does the One-Year Federal Firearm Ban Come From?
The one-year ban originates from ATF and DOJ interpretations of 18 U.S.C. § 922(g)(3), implemented through:
- 27 C.F.R. § 478.11 (ATF Regulation)
- FBI NICS Operating Manual
- DOJ firearms prohibitor guidance
These rules state that an individual is prohibited from possessing or purchasing firearms for one year after the last known unlawful drug use. A positive military urinalysis is considered “known unlawful use.”
Any new drug use restarts the one-year clock.
ALL Positive Drug Tests Are Reported
All military positive drug tests are reported by the Army to NICS:
“All illicit positive drug test results… are reported to NICS.” :contentReference[oaicite:1]{index=1}
This includes positives for:
- Delta-8 THC
- Delta-9 THC (marijuana)
- Cocaine
- Methamphetamine
- MDMA
- LSD
- Heroin
- Illicit use of prescription drugs (e.g., opioids, Adderall)
A single confirmed positive urinalysis automatically triggers a NICS firearms prohibition.
Delta-8 THC Is Legal for Civilians — So Why Does a Positive Test Still Trigger a NICS Ban?
This is one of the most common questions service members ask. The confusion is understandable because:
- The 2018 Farm Bill legalized hemp-derived cannabinoids, including Delta-8 THC
- Delta-8 products are legal to buy over the counter in most states
But here’s the critical distinction:
🔹 Delta-8 THC is legal for civilians, but UNLAWFUL for military personnel.
The DoD has expressly banned service members from using all hemp-derived THC products, including Delta-8. Therefore, a positive test constitutes “unlawful use” under § 922(g)(3), even though the product is legal for civilian use.
For NICS purposes, the issue is not whether the drug is illegal—it is whether the person used it unlawfully under applicable authority. Military orders have the force of federal law for service members.
Can a Service Member Appeal a NICS Denial?
Yes, but the options are limited.
If NICS denies your firearm purchase, you will receive a NICS Transaction Number (NTN). You may file an appeal through the FBI NICS portal:
You may request:
- Correction of inaccurate records
- Review of the basis for denial
- Restoration once the one-year prohibition has expired
After one year from the date of the positive test, the individual is no longer prohibited under § 922(g)(3). If NICS still denies the purchase, you can request a record update through the portal.
Who Else Is Prohibited From Purchasing Firearms Under NICS?
Federal law (18 U.S.C. § 922(g)) prohibits the following individuals from possessing or receiving firearms:
- Unlawful users of controlled substances (including military drug positives)
- Felons (crimes punishable by more than 1 year)
- Persons convicted of misdemeanor domestic violence
- Fugitives from justice
- Individuals subject to qualifying restraining orders
- Persons adjudicated mentally incompetent or committed to mental institutions
- Illegal or unlawful aliens
- Former service members with a dishonorable discharge from a court-martial
- Individuals who have renounced U.S. citizenship
- Individuals under certain federal indictments
Why This Matters for Service Members
A positive urinalysis can affect:
- Security clearances
- Deployability
- Career retention
- VA benefits (depending on circumstances)
- Eligibility for PCS, special programs, or PRP/Special Access
- Your right to purchase or possess firearms
This is why service members who test positive—or believe their test was wrongful—should immediately consult a military defense attorney.
Contact a Military Drug Test Defense Lawyer
Attorney Patrick Korody is a former Navy JAG who represents service members worldwide in:
- Drug test cases (THC, Delta-8, controlled substances)
- Article 112a UCMJ investigations
- Court-martial defense
- Administrative separation boards
- Security clearance consequences of drug use
- NICS and firearm-rights issues
Call Korody Law at (904) 383-7261 for a confidential consultation.