Is CBD Legal in the Military?

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Over the last few years, the use of Cannabidiol, commonly known as CBD, has greatly boomed in popularity. Made federally legal in 2018, it can now be found in everything from gummies and creams to oils and oral drops. While it comes from the cannabis plant, it is not the same thing as marijuana. Marijuana contains Tetrahydrocannabinol, known as THC, and unlike CBD, it is psychoactive, creating a “high.” For CBD to remain federally legal, it must contain less than 0.3% of THC. Because marijuana is illegal in the military, the tests that are used to check soldiers’ blood look for THC. Therefore, even though it’s minimal, the THC in CBD can cause a positive drug test for a military member

CBD Off-Limits for Military Personnel

Due to this confusion, the military continues to discourage its members from using CBD, even going as far as to say that it is “off-limits” for service members. In other words, if you choose to use CBD, you run the risk of a positive military test and the consequences that accompany it. So while it’s best to refrain from the use of CBD, if you still want to do so at your own risk, it’s best to ensure that your CBD oil has Zero THC.

Although Zero THC CBD use will not make you fail a military drug test, it is still banned and you will therefore face consequences if caught using it. It’s important to note that while soldiers are banned from using CBD, their family members, contractors, and federal civilian employees are exempt from this. 

A Lack of Regulation

So if there is Zero THC in certain CBD oils then why is it banned? The biggest reason is that because the FDA does not regulate CBD, the labels of certain products may not accurately reflect what is actually inside of them. In other words, though you’re under the impression that your CBD oil has Zero THC, that’s not guaranteed. In fact, certain CBD oils not only contain higher levels of THC than advertised but also pesticides and heavy metals.

If you still wish to take CBD, be sure to do your research and only purchase from a reputable company. It may also be best to request a third-party Certificate of Analysis (COA) so that you can look at the results for yourself. 

Should you consider a CBD cream or salve, you should know that these topicals are simply for pain management and will not show up in a drug test.

The Court-Martial Law Division of Aviso Law LLC Helps Military Members in Colorado Who Have Been Charged with a Crime

The U.S. Government has an interest in obtaining a conviction as soon as possible, as it does not wish to gain negative publicity about one of its service members. That is why it is so important to consult with a knowledgeable and experienced military attorney as soon as possible.

If you are a military service member (active or reserve) and have been charged with a crime under the UCMJ, the Court-Martial Law Division of Aviso Law LLC can help. We proudly serve our military members, who sacrifice so much for our country. To learn more or to schedule a free consultation, contact us today!

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