GOP Pushes to Eliminate Cannabis Testing Ban for Military Recruits in Defense Bill

Republican Members of Congress Challenge Marijuana Testing Provision in Defense Bill

Washington, D.C.—June 3, 2024

Republican members of Congress are actively seeking to eliminate a provision in the 2025 National Defense Authorization Act (NDAA) that would prohibit military branches from testing recruits for marijuana as a condition of enlistment. This move comes amid a broader push for drug policy reforms within the bill.

The proposed changes to the NDAA, which cleared the House Armed Services Committee last month, include various drug policy amendments aimed at preventing security clearance denials based on past cannabis use, expanding expungement eligibility, and facilitating the rescheduling of certain psychedelics. These reforms are now headed to the Rules Committee before potentially reaching the House floor.

On Monday, the Rules Committee will consider a separate defense-focused spending bill, which includes overlapping amendments. These proposals would authorize U.S. Department of Veterans Affairs (VA) doctors to recommend medical marijuana to veterans, prevent marijuana testing for federal job applicants in states where it is legal, and support research on the therapeutic benefits of psychedelics.

Marijuana Testing and Security Clearance Reforms

As the NDAA stands, it includes a section that prevents military branches from testing recruits for marijuana for enlistment or commissioning. However, Representatives Pete Sessions (R-TX) and Robert Aderholt (R-AL) have filed amendments to strike this section. Aderholt’s version, co-sponsored by Reps. Mary Miller (R-IL), Josh Brecheen (R-OK), Andrew Clyde (R-GA), and Gary Palmer (R-AL), mirrors a previous amendment led by Rep. Matt Gaetz (R-FL) last year.

The Department of Defense (DOD) reported that delta-9 THC, the active ingredient in marijuana, is the most common substance found in positive drug tests among active-duty military members. In response, some military branches have begun issuing waivers for recruits who test positive the first time.

Representatives Dave Joyce (R-OH) and Earl Blumenauer (D-OR) have filed another NDAA amendment requiring the Secretary of Defense to submit a report to Congress outlining a clear definition for the reenlistment waiver process. This aims to clarify that existing policy allows for such waivers for recruits who test positive for THC.

Broader Cannabis Policy Amendments

Rep. Robert Garcia (D-CA) has introduced an amendment to prevent the denial of security clearances based solely on past marijuana use if it was in compliance with state law. This amendment, along with others, reflects a growing bipartisan effort to address the complexities of cannabis policy in federal law.

Further amendments from Reps. Tony Gonzales (R-TX), Jimmy Panetta (D-CA), and Joaquin Castro (D-TX) seek to ensure that military personnel are not penalized for using federally legal hemp products. This proposal highlights the need to reconcile federal and state laws regarding hemp and its derivatives.

Psychedelic Research and Expungement Efforts

Reps. Madeleine Dean (D-PA) and Nancy Mace (R-SC) have proposed an amendment to create a streamlined process for the Drug Enforcement Administration (DEA) to reschedule drugs designated as “breakthrough therapies” by the Food and Drug Administration (FDA), such as MDMA and psilocybin. This comes as the FDA prepares to review a new drug application for MDMA-assisted therapy for PTSD.

Additionally, an amendment from Reps. Glenn Ivey (D-MD), Laurel Lee (R-FL), Mikkie Sherrill (D-NJ), Barry Moore (R-AL), and Kelly Armstrong (R-ND) aims to expand eligibility for expungement of non-violent drug convictions by removing the age restriction.

Veterans’ Access to Medical Cannabis

The Rules Committee will also review an amendment allowing veterans to access state medical marijuana programs and eliminate a VA directive that prohibits its doctors from issuing cannabis recommendations. This proposal, based on the Veterans Equal Access Act, has seen repeated attempts to pass in Congress but has yet to become law.

In addition, an amendment adopted in committee requires the DOD to report on the number of service members discharged for marijuana use, and another calls for a briefing on sentencing disparities for cannabis-related offenses under the Uniform Code of Military Justice.

The comprehensive set of amendments underscores a significant shift in drug policy discussions in Congress, with implications for military personnel, veterans, and the broader public.