The Air Force Court of Criminal Appeals set aside an Airman’s drug conviction because the Government failed to prove delta-8 THC was a Schedule I controlled substance. A military defense lawyer at Cave & Freeburg explains what it means.
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Delta-8 THC and Article 112a, UCMJ: Why the Government Lost in United States v. Byrd
It is reported by Stars & Stripes that the NDAA for 2025 will include a provision barring testing for marijuana of new applicants for military service.
The NDAA proposal’s idea is that the marijuana testing requirement discourages potential recruits from enlisting. This concern is particularly significant because the Services are currently facing recruiting challenges. By removing this barrier, the provision aims to attract a larger pool of applicants, potentially addressing the recruiting problems.
Preservice drug use can be a bar to enlistment. It depends on what drug, how often, and how close in time to the application process. It was not unusual to hear of recruiters telling a poolee to say they only experimented with the drug when applying. With that statement, a waiver could be possible. The benefit to the recruiter was getting an enlistment and meeting her quarterly quota.
Court-Martial Trial Practice Blog