Have you observed that hemp-derived products, such as cannabidiol (CBD), are becoming more common across the country? Hemp goods now range from simple coffee additions and vape liquids to vitamins and candy to ointments and lotions. Many product labels claim that CBD provides pain relief, sleep aid, and treatment for anxiety, depression, and stress.
If you are a part of the armed services, you may be curious about CBD and hemp oil laws in the military. In summary, according to a recently made public Department of Defense directive from February, US troops can now be penalized for consuming CBD and hemp oil products.
CBD Oil
Cannabis does not mean marijuana. CBD is one of the many naturally occurring cannabinoid substances found in cannabis. This product is part of the same cannabis plant family as hemp and marijuana. Cannabis is the genus of the plant family that includes all forms of cannabis and hemp.
Hemp oil and natural CBD oil don’t contain enough THC to be illegal or get you high. THC is very low, but it must not exceed.3% to be sold as CBD oil or hemp oil. THC, the psychoactive component of marijuana, is what gives you the “high.” The federal government and the military ban THC. However, it’s legal in certain states.
The non-psychoactive CBD is gaining popularity in the scientific community and media (see links below). It has noticeable recovery benefits without the illegal substances or carcinogens that some forms of marijuana have. CDB oil has been proven to be beneficial for cancer patients. It can also be used to treat psychological and epilepsy disorders. It also has anti-inflammatory properties.
Hemp oil
Although hemp oil has phytocannabinoids, it is not cannabis. Hemp oil contains over 80 phytocannabinoids, including CBD. It can also be created from the seeds and flowers of industrial hemp. Its oil is high in Omega 6 and Omega 3 fatty acids.
Hemp oil can also be used as a shampoo and soap. It can also be used to make cooking and other household products. Hemp oil is nutritionally rich, unlike CBD oil. You can also take it in capsules.
What Is the Difference Between Hemp and CBD Oil?
Hemp oil is much more concentrated than CBD oil. Hemp Oil can be made by cold pressing the hemp seeds to make omega-rich cooking oil. CBD oil can be extracted from the flowers, leaves, and stalks of a cannabis plant.
The Legality of CBD and Hemp Oil in the Military
CBD is legal in the United States. That does not make it legal for military personnel, who must follow the Department of Defense’s regulations.
Personnel of the active military or actively serving members of the Guard or Reserve are not permitted to consume CBD products. By 2022, every armed service branch will have a policy prohibiting the use of CBD products.
The Military regulation, for example, states that it is illegal to use hemp products, regardless of their THC content and whether they are legal to be sold or bought.
Is Hemp Oil Illegal in the Military?
The Agriculture Improvement Act of 2018 eliminated cannabis from the federal government’s list of banned drugs. Cannabis is still illegal at the federal level and is thus forbidden in the armed services under Article 112A. Hemp is lawful under these laws if it involves less than 0.3% delta-9-tetrahydrocannabinol (THC), the psychoactive element in marijuana.
The Agricultural Act of 2014 empowers state agricultural firms, colleges, and institutions to extract CBD from industrial hemp. In places where marijuana is legal, and the movement of hemp across state boundaries is lawful, the flow of CBD oil or hemp oil is also legal.
Companies that offer CBD oil are allowed to use industrial hemp. Because it contains just minimal levels of THC, it does not violate the Controlled Substances Act, making CBD oil lawful and not a drug the Drug Enforcement Administration would deem criminal. Producers of hemp must be careful and closely monitored to ensure that the THC levels in their products do not increase. CBD must be free of THC. This makes it ineligible for drug testing.
Can Military Use CBD?
Since the legalization of hemp, the CBD business in the United States has blossomed into a $1 billion sector. While CBD is no longer classified as a Schedule I drug, the Agriculture Improvement Act did not make all hemp-derived goods lawful. Furthermore, the US Food and Drug Administration does not regulate the components in nutritional supplements.
This implies that the CBD industry is unregulated and untested, making it impossible to know what you’re buying or using. Troops may even test positive for marijuana after taking a legal CBD product with a THC concentration of 0.3 percent. For these reasons, the Department of Defense cannot feasibly keep a list of authorized hemp goods.
As a result, in February 2020, Matthew Donovan, former Acting Under Secretary of Defense for Personnel and Readiness, issued a letter asking all armed services branches to establish rules or general instructions forbidding the use of hemp items. The Department of Defense’s Operation Supplement Safety program, part of the Uniformed Services University of the Health Sciences (DoD), made the document public in June 2020.
The new instructions make the use of hemp or CBD illegal for all DoD active-duty and reserve-component troops, including members of the Navy and Marine Corps. They were previously allowed to use hemp lotion and shampoo.
Donovan stated that the broad restriction was implemented to “preserve the integrity of the drug testing program and preclude a service member from testing positive for marijuana after taking a CBD product.
It’s worth noting that the Coast Guard reports to the Department of Homeland Security, not the Department of Defense. As a result, their policies may differ. The Coast Guard limits the use of hemp oil or hemp seed products but does not prohibit the consumption of hemp-containing foods. Nonetheless, Coast Guard employees are prohibited from attending cannabis-related activities, as well as entering businesses or making online purchases from stores that sell or advertise these goods.
Military service personnel is urged to avoid any hemp-derived CBD products to prevent potential breaches of law and policy. When in doubt, it’s wise to be on the safe side.
Penalties for CBD and Hemp Oil Use
If a service member is discovered to have used a CBD product, their commander must begin the administrative separation procedure. This is true regardless of THC content, even if the substance was purchased correctly, sold, or consumed under civilian law. CBD usage in the military is punished under the Uniform Code of Military Justice Article 92, Failure to Obey a Lawful General Order. It may also be covered by Article 112A, Wrongful Use of a Controlled Substance. There are a few exceptions to this rule, such as:
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Authorized personnel using CBD while performing medical activities
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CBD usage that is according to lawful law enforcement tasks.
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FDA-approved CBD or synthetic cannabis medications, such as Epidiolex, Syndros, and Marinol, with a doctor’s prescription.
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Ingestion of hemp or CBD by accident
Using hemp-derived products, including CBD, with knowledge may result in administrative and disciplinary action, resulting in an Other Than Honorable Discharge. If certain legislative and regulatory restrictions apply, discharged members may be denied VA benefits and services.
Key Takeaway
CBD is one of the numerous cannabinoid chemicals found naturally in cannabis, and it is becoming increasingly popular by the year. However, the usage of CBD and hemp oil, and its derivatives are, unfortunately, illegal under strict regulations in the military. There are instances where CBD in the military may be exempted from usage, but it is only during significant and crucial cases that fall under the stated exceptions.
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