MARCH AIR RESERVE BASE, Calif. (Jan. 8, 2017) – A local newspaper headline reads, “New Marijuana Laws Hazy.” But for airmen of the 163d Attack Wing (ATKW), the law regarding recreational use of marijuana – despite the passage of the Proposition 64 initiative in November — remains perfectly clear: Nothing has changed with respect to the rights and risks of marijuana use for members of the Air National Guard.
“In reality, there is zero tolerance for the use of drugs, and members are subject to the Uniform Code of Military Justice or the California Evidence Code,” says Senior Master Sgt. José Martinez, 163d ATKW law office superintendant. “There is the expectation, 24/7, that members will live by the core values and policies of the Air Force and the Air National Guard. Therefore, the fact that the use of marijuana might have become legal in California doesn’t allow Airmen to use marijuana, because they don’t go hand-in-hand.”
As Guard members serve under both Title 10 (federal) authority—under which marijuana use is still illegal, and classified as a Schedule I drug (see https://www.dea.gov/druginfo/ds.shtml) –as well as under Title 32 (state) authority, it might be supposed that there is an inherent point of conflict in any state having legalized marijuana.
Martinez maintains that is beside the point. “I’m not an attorney, so I can’t give you a legal opinion on that,” says Martinez, who is also lieutenant for a law-enforcement municipality (for which he does not speak here). “But with regard to the black-and-white policy, it doesn’t matter if it is Title 10 or Title 32. The mere fact that you are a member of the Air National Guard or United States Air Force means there are expectations that you sign up for, and that makes it imperative for you to follow.”
That holds true both here and abroad, adds Maj. Marsha Yasuda, 163d ATKW Deputy Staff Judge Advocate General (JAG). Airmen deployed abroad, in nations where drugs are either legal or their use tolerated, must abide by Air Force norms, regardless of local custom. “In any country, you are governed by the Uniform Code of Military Justice,” Yasuda explains. “Under UCMJ, the use of controlled substances is not allowed, irrespective of what’s allowed or ignored in other countries.”
Yasuda recalls that when she was a JAG in Germany, airmen traveled to Amsterdam, The Netherlands, to abuse illegal drugs, thinking that “because it’s legal or acceptable there, that it was okay. In many cases we court-martialed them or discharged them from the Air Force.”
“The nature of having good order and discipline allows you to wear the uniform and makes it imperative to follow the guidelines,” Martinez continues. “We cannot have members of the Air National Guard use marijuana or any type of drugs because of the nature of the job. That is specified in the AFIs and well-understood over the years. That’s why we have the urinalysis program. So nothing will change—other than people will need to be educated so they don’t get in trouble, because ignorance of the law is no protection.”
Likewise, the increased likelihood of exposure to the marijuana smoke of others and to products containing edible cannabis that might, for instance, be offered at a party, should put Guardsmen on guard, but not overly concern them. “The defenses people have used in the past have no standing, if you are referring to second-hand smoke. Because of the level of exposure [to second-hand smoke], it is almost impossible to test to the level of nanograms we test for.”
Martinez recalls that in past courts martial for drug-abuse, airmen have tried the second-hand smoke defense and experts testified that “you had to be in a small room with no windows for eight to ten hours” to register exposure on the drug test. “It is not going to be a valid defense. It has always been the case that unless the person can prove that he didn’t willfully consume the drugs, the presumption is that, if it is in your system, you should have known you ingested the drugs.”
Still, Martinez adds, Airmen might have to be more aware of marijuana products, and “it is imperative that airmen educate themselves about the products they eat or consume. There might be products that are legal to purchase, but you cannot consume.” Martinez adds that most products containing marijuana’s euphoria-causing THC (tetrahydrocannabinol), have to be specified on product labels. “Airmen have to be really good at reading and knowing what they are putting in their bodies.”
Col. Vincent Dang, a physician who now serves the 163d Medical Group with the 163d ATKW State Reserve Group, concurs with the opinion that “nothing has changed.” Second-hand smoke won’t present “any higher risk for airmen. If you are looking at a drug urinalysis test, they already take into account that there may be second-hand smoke or marijuana exposure and the cutoff levels used for that drug testing are above the levels where you would have accidental exposure.”
As to other unforeseen hazards airmen may face, Dang points out that “this is something that’s brand new. We have no experience with it. Even though it’s okay to use in California, it’s still not okay to use in the federal government. So with the Air National Guard being a federal agency, we’re still prohibited from using marijuana.”
There remains the thorny issue of traditional airmen who may risk using marijuana off duty, in advance of a drill weekend, which typically includes random drug testing, thinking it will have cleared their systems. Dang says that while all traces of marijuana may leave the body “after a couple of days,” the residual effect of having used marijuana depends a great deal on “the form used, whether you smoke it or eat it. So the levels vary according to the type of marijuana and its concentration and how you take it in.”
In fact, the National Institute on Drug Abuse (NIDA) says that “In general, standard urine tests can detect traces of THC several days after use. In heavy marijuana users, however, urine tests can sometimes detect THC traces for weeks after use stops.” Urinalysis tests set thresholds for positive use as low as 20 nanograms/milliliter.
And testing the limits cannot avoid the medical consequences, Dang warns. “As far as smoking marijuana, there’s still the danger of inhaling all the toxins that you would get in cigarette smoke. Then, depending on the concentration or type of marijuana, there is some hallucinogenic effect.”
NIDA maintains that beyond that, the short-term effects of marijuana use include “altered senses (for example, seeing brighter colors), altered sense of time, changes in mood, impaired body movement, difficulty with thinking and problem-solving, impaired memory” and long-term exposure could affect child development during and after pregnancy as well as lead to mental health issues related to hallucinations, schizophrenia and paranoia. And, “contrary to common belief, marijuana can be addictive,” the NIDA says.
| Date Taken: | 01.08.2017 |
| Date Posted: | 12.31.2017 23:02 |
| Story ID: | 261109 |
| Location: | MARCH AIR RESERVE BASE, CALIFORNIA, US |
| Web Views: | 2,349 |
| Downloads: | 0 |
This work, Marijuana and the military still don't mix, by MSgt Gregory Solman, identified by DVIDS, must comply with the restrictions shown on https://www.dvidshub.net/about/copyright.
