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Pentagon Memo Warns Troops: Schedule III Does Not Allow Cannabis Use

A Pentagon memo warns service members that federal rescheduling does not permit cannabis use. Clearance holders, DOT workers and most federal workers face the same wall.

by Hunter Thomas
Green plastic toy soldiers with rifles aimed surround a single cannabis flower on an olive-drab wool blanket. (VapeExperts/AI)

Illustration: VapeExperts/AI

Key Takeaways

  • Pentagon memo says troops still face UCMJ punishment for any cannabis use.
  • Only FDA-approved drugs with a valid prescription are exempt.
  • Security clearance and DOT drug-testing rules have not changed.
  • VA doctors still cannot recommend cannabis or sign state program forms.
  • Briefs in DEA's broader rescheduling case are due Aug. 17.

Federal rescheduling has not opened a single legal path to cannabis for American service members. That is the message of a one-page memorandum dated July 9 and signed by Anthony J. Tata, under secretary of war for personnel and readiness, first reported on July 15 by Marijuana Moment.[1]

Aerial view of the Pentagon building surrounded by parking lots, with the Potomac River and Washington, D.C. skyline in the background. | 'DoD photo by Master Sgt. Ken Hammond, U.S. Air Force.'/Wikimedia Commons (Public domain)

Photo: 'DoD photo by Master Sgt. Ken Hammond, U.S. Air Force.'/Wikimedia Commons (Public domain)

An aerial view shows the Pentagon in Arlington, Virginia, with the Washington Monument across the Potomac River. The Department of Defense says rescheduling would not free troops to use cannabis.

The memo lands three months after the Justice Department moved state-licensed medical cannabis and FDA-approved cannabis drugs to Schedule III. We covered that shift in our earlier rescheduling coverage. For troops, clearance holders, transportation workers and most veterans dealing with the VA, the memo confirms what the fine print already said: almost nothing changed for them.

State legality is no defense in uniform

Tata's memo restates Article 112a of the Uniform Code of Military Justice, which bars the "wrongful use, possession, manufacture, or distribution of marijuana, and attempts to commit such acts."[2]

State law offers no shield. "These offenses remain punishable under the UCMJ, even if a State or local jurisdiction legalizes the use of recreational marijuana or authorizes the sale of marijuana, including medical marijuana, at State dispensaries," Tata wrote. Violators may face "judicial, nonjudicial, or administrative action."[1]

The one exception is narrow: "These prohibitions do not apply to formulations approved as drugs by the FDA with a valid prescription for a legitimate medical purpose."[1] A state medical card and dispensary-bought flower, concentrates, edibles or vape products do not qualify. Army policy goes further, prohibiting hemp and cannabinoid products, including CBD, regardless of marketing claims or stated THC content. Civilian Pentagon employees remain covered by the department's Drug-Free Workplace Program.[1]

Close-up of a camouflage military uniform sleeve and dog tags laid on a footlocker, shallow depth of field, no legible name tapes.

Photo: VapeExperts/AI

One caveat on sourcing: the memo has not been posted on an official military website. Its existence and exact wording rest on the outlet that obtained it, though the substance matches Article 112a and standing service policy.

The memo's odd tense

The memo reportedly describes Schedule III as something that, "if implemented," would not decriminalize marijuana. But a partial rescheduling already took effect. Acting Attorney General Todd Blanche's April order moved FDA-approved cannabis drugs and cannabis covered by qualifying state medical licenses to Schedule III effective April 28, 2026. Adult-use cannabis stayed in Schedule I.[3] The memo may refer to the still-pending proposal to reschedule the rest of marijuana, but its wording leaves that open.

  1. Dec. 18, 2025

    Trump signs an executive order directing the attorney general to complete Schedule III rulemaking.

  2. April 28, 2026

    Partial order takes effect: FDA-approved cannabis drugs and state-licensed medical cannabis move to Schedule III.

  3. June 29, 2026

    DEA evidentiary hearing on broader rescheduling opens before Chief ALJ Derek C. Julius.

  4. July 9, 2026

    Tata signs the Pentagon memo restating the military cannabis ban.

  5. July 15, 2026

    The memo is first reported; the DEA hearing closes after 17 days.

  6. Aug. 17, 2026

    Deadline for optional post-hearing briefs of up to 50 pages.

Clearances, trucking and contracts hit the same wall

The April order did not touch Security Executive Agent Directive 4. Guideline H covers all controlled substances, Schedules I through V, not just Schedule I. Standing ODNI guidance from Director of National Intelligence Avril Haines says past use is "relevant, but not determinative," and advises applicants to "refrain from any future marijuana use upon initiation of the national security vetting process."[6]

The Transportation Department reaffirmed its line in May 2026 guidance: "There is no instance when the MRO could verify a laboratory-confirmed marijuana positive drug test result as 'negative' when an employee claims the positive was caused by a State licensed marijuana product." The same document states that "marijuana use is not compatible with safety-sensitive functions."[5]

A commercial box truck driver doing a walk-around pre-trip inspection at a daytime loading dock, hand on the cab mirror, face turned away.

Photo: VapeExperts/AI

Federal contractors sit in between. The Drug-Free Workplace Act requires covered contractors to bar unlawful drug use in the workplace; it does not by itself impose a 24/7 abstinence rule on every employee. Rules tighten sharply for cleared, safety-sensitive, DOT-regulated or installation-access positions.

Veterans get less than the headlines suggest

The Congressional Research Service found the April order "appears to authorize end users to possess marijuana for medical use without a CSA-compliant prescription" where a state certification carries the required identifying details. That protection does not reach VA property, military law or federal workplace rules.

Under current VA policy, veterans keep their VA care and benefits if they join a state medical program, and clinicians may discuss cannabis use. But VA doctors still cannot sign state registration forms, VA pharmacies do not dispense cannabis, and possession remains banned on VA grounds.[7] The House approved FY2027 appropriations language that would block VA from enforcing the recommendation ban, but as of July 19 it had not become law.

The population affected is not small. A national survey of 4,069 veterans found 11.9% used cannabis, up from a 9% estimate in 2014, with use "particularly prevalent among veterans with psychiatric conditions."[10]

Cannabis measures among U.S. veterans, 2019-2020 survey

All veteransYounger veterans
0%5%10%15%20%25%11.9%20.2%2.7%5.6%1.5%2.1%Cannabis useUse disorderMedical card

Source: National Health and Resilience in Veterans Study

Rachel A. Hoopsick of the University of Illinois, who analyzed 16,350 veterans in federal survey data and found past-year use rose 56% between 2013 and 2019, said the growth is not coming through medical channels: "This is telling us that although marijuana use is increasing in Vets, it's not medical marijuana, it's recreational marijuana."[9]

The paperwork that decides what happens next

DEA's hearing on rescheduling the rest of marijuana closed July 15 after 17 days. Chief Administrative Law Judge Derek C. Julius set an August 17 deadline for optional briefs of up to 50 pages.[4] There is no deadline for his recommendation, and DEA Administrator Terry Cole makes the final call. Separately, the D.C. Circuit is weighing consolidated challenges to the April order, including a pending motion to stay it.[8]

Weathered older hands holding a faded military veteran ball cap in a lap, seated in a plain waiting-room chair, no readable embroidery.

Photo: VapeExperts/AI

None of those outcomes will rewrite Article 112a. Even a full move to Schedule III would leave the UCMJ, clearance guidelines, DOT testing rules and VA directives exactly where they stand, until Congress or each agency changes them one by one.

Sources

  1. Military Warns That Trump's Marijuana Rescheduling Move Doesn't Allow Use By Service Members↩
  2. 10 U.S.C. §912a (Article 112a, UCMJ)↩
  3. Justice Department Places FDA-Approved Marijuana Products in Schedule III↩
  4. DEA Marijuana Rescheduling Regulatory Actions↩
  5. DOT Part 40 Question and Answer, May 2026↩
  6. ODNI Clarifying Guidance Regarding Marijuana↩
  7. VA Public Health: Marijuana and Veterans↩
  8. D.C. Circuit challenge, DEA hearing put federal cannabis rescheduling to test↩
  9. How veterans' cannabis use can impact their care↩
  10. Cannabis use among U.S. veterans: Results from a national survey↩

Topics

reschedulingmilitaryfederal-policyveterans
Hunter Thomas

About the author

Hunter Thomas

Industry & Policy Reporter

Cannabis policy reporting since 2019 · Contacts in regulatory bodies across 12+ markets · Former trade policy analyst

Hunter covers cannabis regulation, market trends, and legalization across Europe and North America. His reporting draws on direct contact with regulators, manufacturers, and trade analysts in over a dozen markets.

VapeExperts tracks prices daily across 43+ retailers and has independently tested 50+ devices since 2025. Read our editorial standards.

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