ABOUT THE AUTHOR: Heather Tenney is a partner in Tully Rinckey PLLC’s military law, federal employment and national security law practice groups, and currently serves as the primary attorney for consultation in these areas. She brought her skills as an advocate and negotiator to Tully Rinckey after serving with the U.S. Army’s JAG Corps.
In April, the Justice Department and Drug Enforcement Agency issued an order reclassifying FDA-approved marijuana products and state-regulated medical marijuana as Schedule III. Anything else, including state-legal recreational marijuana, remains Schedule I. Schedule III is less strictly regulated than Schedule I, which is reserved for drugs without medical use and with high potential for abuse.
This does not automatically open the door for military service members to use recreational or medical marijuana without legal consequences. Military policy has not changed. Article 112a of the Uniform Code of Military Justice (UCMJ) specifically prohibits all use and possession of marijuana for U.S. military members, regardless of its scheduling. Violations may result in court-martial. It would take more than rescheduling cannabis to change this policy.
Bear in mind that UCMJ Article 112a does not apply to Schedule I drugs only. Wrongful use, possession, and distribution of drugs classified as Schedule I through Schedule V are also prohibited. Even if cannabis were removed from Article 112’s list of specifically prohibited substances, so long as marijuana is Schedule III, its use and possession without a valid prescription would still be illegal and punishable by court-martial.
It remains unclear what, if any, effect rescheduling cannabis will have on military policy. However, the military has been relaxing some restrictions regarding past marijuana use. Although excessive use, dependency, and past drug or alcohol convictions currently disqualify individuals from enlisting in the military, limited marijuana use — particularly in legalized states — is not necessarily an automatic disqualifier in 2026.
A March 2026 update to U.S. Army enlistment eligibility regulations further reflects changing attitudes. Individuals with one conviction of marijuana possession or drug paraphernalia possession are no longer required to receive a waiver in order to enlist (AR 601-210 para. 4–6).
This does not mean cannabis use is permitted after enlisting, however. The Army has a zero-tolerance policy toward marijuana use by service members; in-service marijuana use remains a punishable offense under the UCMJ (AR 601-210 para. 6–5).
Just as recreational marijuana is currently illegal for U.S. military personnel to use or possess, medical marijuana is also off limits. There are no exceptions for military personnel — not even with a physician prescription or doctor-approved state medical marijuana card.
In the meantime, military personnel who use marijuana or have failed a drug test due to marijuana face serious consequences. Speak with a military attorney before making any statements or accepting non-judicial punishment.
This article is for informational purposes only. Its content is not intended to constitute endorsement or legal advice, nor does it establish a client-lawyer relationship with Tully Rinckey PLLC or any of its affiliates.
