Don’t be a dope! Federal marijuana laws apply to you

  • Published
  • By Capt. Mary Ann Mazzarini
  • 60th Air Mobility Wing Judge Advocate
TRAVIS AIR FORCE BASE, Calif. --  California is one of 13 states legalizing marijuana for medicinal purposes. Under federal law, including the Uniform Code of Military Justice, any use, possession and distribution of marijuana (a schedule I controlled substance) is illegal.

The California law, enacted by 1996 California Ballot Initiative 215, was the first of its kind in the United States. It removed criminal penalties for qualified patients who grow, possess and use medical marijuana. A qualified patient is one with a written or oral "recommendation" by a physician that the patient's health would benefit from marijuana. Some counties in California also require an ID card to be exempt from arrest. But, the California law remains in conflict with federal law.

Although the California law protects an individual from state arrest and prosecution, federal law does not afford the same protection. In a 6-3 decision, the United States Supreme Court ruled federal law enforcement officers can arrest and prosecute those growing and using marijuana under state laws. In reality, the Federal Drug Enforcement Administration does not have the resources to actively pursue cases against individual violators. Marijuana dispensaries in California have been targets for federal prosecution since 2001. In United States v. Oakland Cannabis Buyers' Cooperative, the Supreme Court ruled that medical necessity is not a defense for violation of federal distribution laws. Although the federal courts have not ruled the state laws unconstitutional, they have continuously upheld the federal laws.

Even though the DEA does not have resources to prosecute violators, the military has the resources, and will prosecute members for use, possession and distribution of marijuana under Article 112a of the UCMJ. There is no medical necessity defense. Beware, even if a civilian in the household is a qualified patient under California law, the military member cannot reside in the house with marijuana plants or be associated with the care-giving or use in any way. Military members must abide by federal law to avoid court-martial and discharge.