Use of marijuana on federal land still prohibited

  • Published
  • By Airman 1st Class Christopher R. Morales
  • 673d Air Base Wing / Public Affairs
Joint Base Elmendorf-Richardson, Alaska --  Two years after the legalization of recreational marijuana usage in Alaska, many establishments have opened in Anchorage, some as little as five miles from the installation.

Although marijuana is legal for many Alaskans, all service members are subject to article 112a of the Uniform Code of Military Justice, which prohibits the use, possession, manufacture or distribution of controlled substances on and off duty, on and off the installation.
Additionally, federal law still prohibits marijuana and other drugs on any federal-owned land.

“Dependents, civilians, contracted employees or anybody who possesses said substances on base are subject to the federal crime of possession on a military installation [Federal Law 21 U.S. Code 844],” said Detective Duane Leventrey, 673d Security Forces Squadron Investigations Unit drug recognition expert.

Military members, civilians and contracted employees, depending on their job requirements, have random urinalysis testing. A person who tests positive for marijuana, and any compounds or derivatives, such as tetrahydrocannabinol, more commonly known as THC, may be discharged or fired, respectively.

Spouses, dependents and contracted employees, whether or not they are a licensed doctor or own a medical marijuana card, can be charged with possession on a military installation which results in a fine of up to $1,000 or one year in jail or both, for the first offense, progressively getting a larger fine and longer sentence for multiple offenses.

There is not a limit to how high someone can legally be, but if an individual is driving on base and stopped by security forces, they could be charged with driving under the influence after a field sobriety test.
If the officer suspects a controlled substance to be the cause, a drug recognition expert will be called. The driver may be required to take a blood and urine test to determine which drugs were used, and findings may result in additional charges.

“If an active-duty military member gets apprehended and charged with a DUI and 112a,” Leventrey said, “[they would] generally get court-martialed and dishonorably discharged.”

To deter military members from potentially bad situations, JBER plans to release a ‘restricted areas’ list soon of all the establishments selling marijuana and other THC substances.