Marijuana Legalization--What Does it Mean for Military Members? Published April 1, 2014 92nd Air Refueling Wing Judge Advocate office FAIRCHILD AIR FORCE BASE-Wash. -- Although the state of Washington recently passed laws on the use of marijuana, essentially decriminalizing use for civilians, zero tolerance drug policy regulations have not changed for Airmen or federal government employees. The Controlled Substance Act (CSA) is a Federal Law governing the use and possession of controlled substances, 21 U.S.C. §844, Department of Defense Directive 5200.08. Airmen of all ranks and Federal Employees must comply with Federal Law, even though Washington law may allow for the recreational use of marijuana. Regardless of what local, state, district, or territorial legislation states, military personnel are prohibited from using marijuana and are subject to prosecution under the UCMJ for any use, possession, or distribution of marijuana or any other illegal controlled substance. All members of the Air Force are subject to random drug tests. AFI 44-120 requires 100% of Air Force end strength population to be tested annually. "Our mission to Fly, Fight and Win depends on the world's best Airmen," said Col. Brian Newberry, 92nd Air Refueling Wing commander. "Those that use marijuana or other illegal substances are not the world's best--they are neither prepared nor suited to carry out that vital mission." In just the past 12 months, Fairchild Air Force Base has prosecuted 11 cases involving illegal drug use with 9 cases resulting in nonjudicial punishment proceedings and three cases being tried at court-martial. Punishments included loss of rank, forfeitures of pay, jail time, and bad-conduct discharges. Substantiated substance abuse requires processing for administrative discharge, regardless of drug. Finally, federal civilian employees cannot use or possess marijuana on base. DoD civilian employees are subject to the restrictions governing drug use found in DOD Instruction 1010.09, DOD Civilian Employee Drug-Free Workplace Program, dated June 22, 2012, and other applicable Department of Health and Human Services Substance Abuse and Mental Health Services Administration guidelines. Moreover, civilian employees and contractor employees who use marijuana may find that they are unable to obtain or maintain the security clearances necessary to perform their jobs. Federal civilian employees in a Testing Designated Position are subject to mandatory drug testing upon application for the position, as well as random and reasonable suspicion testing during employment. Federal civilian employees in non-TDP positions are subject to reasonable suspicion testing during employment. Service members need to be particularly vigilant to avoid entangling themselves in situations where Washington State civilians may be recreationally using marijuana in their presence. Problematic situations include sharing off-base housing with recreational pot users and visiting stores where the drug is sold.