Is working for a medicinal marijuana dispensary or farm punitive under UCMJ?

2017-06-15T13:53:01-04:00

I live in a state that has decriminalized distribution and recreational use of marijuana. I've seen stories and ads recruiting individuals to work for farms and dispensaries. They're offering like $300-$500 a day just to cut plants into desired styles. Can a soldier in the NG be punished under UCMJ if he/she is employed by such companies? Under what charges?

Response by Sgt Private RallyPoint Member made Jun 15 at 2017 2:26 PM

2017-06-15T14:26:05-04:00

SGT Private RallyPoint Member Read the following carefully and you will see that you will indeed be punished under UCMJ.

https://www.thebalance.com/punitive-articles-of-the-ucmj-3356836

Article 112 Wrongful Use Possession of Controlled Substances

Articles 77 through 134 of the UCMJ are known as punitive articles, specific offenses which, if violated, can result in punishment by court-martial.

Response by MSG Private RallyPoint Member made Jun 15 at 2017 2:27 PM

2017-06-15T14:27:05-04:00

Contact your State JAG office for clarification. But as a precautionary, I would HIGHLY recommend you not have this job.

Response by SSG Trevor S. made Jun 15 at 2017 7:19 PM

2017-06-15T19:19:29-04:00

Whether you agree with it or not, marijuana is still an illegal drug federally. Not only are you subject to UCMJ actions but also federal actions.
I don't know how likely it is that anyone in your chain of command would pursue charges. IMO it is possible though.

Response by SGT Private RallyPoint Member made Jun 15 at 2017 7:35 PM

2017-06-15T19:35:46-04:00

I don't smoke anything or take any other type of drug, never was for me personally and I honestly couldn't see myself doing the cutting thing but when I saw the ad I thought about the lure. This question is more for anyone else considering the option for employment. However, I am in the security field and in that aspect, I'm sure they'll pay good for guards to the facilities. That being said, is there some type of rule prohibiting legit businesses/contracting to a "vice business" i.e., a security contractor at a farm who's also in the NG?

Response by SN Greg Wright made Jun 16 at 2017 2:13 AM

2017-06-16T02:13:31-04:00

Federal law ALWAYS supersedes state law. Colorado, Oregon, Washington....these states have all legalized MJ...however, the feds could STILL go into any one of those states, and bust whoever they pleased, with MJ. Therefore, since the Army is a federal service, (which is sort of a misgnomer, it's simply subject to the UCMJ), you abolutely must adhere to the FEDERAL standard for MJ contact. Meaning: No. You can't have that job and keep your uniform.

Response by SPC Kenneth Koerperich made Jun 16 at 2017 2:44 AM

2017-06-16T02:44:32-04:00

You will become an example, if somebody rocks the PC boat. Federally it is still illegal ='s a UCMJ action as those are military rules under Federal law.

Recommend you find a different job ASAP.

Response by SGT David T. made Jun 16 at 2017 7:02 AM

2017-06-16T07:02:35-04:00

As it is still illegal at the federal level, I wouldn't risk it.

Response by LtCol Robert Quinter made Jun 22 at 2017 9:33 PM

2017-06-22T21:33:30-04:00

I'll leave the legalities to someone above my paygrade, but my first thought was you'd better get used to being stopped at the gate if they still use dogs to check vehicles like they used to do.