I’m in the military and marijuana is legal in my state. Now that Cannabis is supposed to be rescheduled, does that mean I’m cleared to use marijuana?
April 22, 2026, 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. This does not automatically open the door for military 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.
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Heather Tenney, Esq., LL.M. is a Partner in Tully Rinckey PLLC’s military law, federal employment, and national security law practice groups. She currently serves as the primary attorney for consultation in these areas. Heather brought her skills as an advocate and negotiator to Tully Rinckey after honorably serving with the US Army’s JAG Corps, and the results speak for themselves. At the firm, she focuses on military law; federal employment, EEO and discrimination litigation; disciplinary investigation and MSPB litigation, disability retirement, and national security clearance representation. Heather’s representation in national security and security clearance cases range from high-level military officers to covert operation officers of the CIA, NRO, FBI, DIA and a range of other intelligence agencies. Heather currently serves as Treasurer for the National Security Lawyers Association (NSLA). To reach Heather, please call 8885294543 to schedule a consultation, or schedule a consultation online.
