What Do You Need To Know About CBD and Its Prohibition in the Military?

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Defending against CBD posession charges in the military.

CBD, or cannabidiol, is a non-psychoactive compound found in cannabis and hemp. While it doesn't produce the same psychoactive effects as THC, CBD has been shown to have a range of therapeutic benefits, including helping treat anxiety, chronic pain, and PTSD. However, CBD is currently prohibited by all branches of the US military as part of its drug policy

If you have found yourself charged with CBD posession, it is important to have assistance working through such a situation. The military defense attorneys at The Griffin Law Firm can help you with this matter.

The History of CBD and Its Prohibition in the Military

The history of CBD and its prohibition in the military is a complicated one. CBD has been used for centuries to treat a variety of medical conditions, and until several decades ago, it was legal to use in most countries. 

At around the beginning of the 19th century, many countries began to classify CBD as a Schedule 1 drug, meaning that it has "no currently accepted medical use and a high potential for abuse." The US later dropped a lot of its drug restrictions. The Farm Bill was passed in 2018, and it recognized CBD, among others, as safe to use in the right amounts. Ever since this time, cannabidiol (CBD) has been widely accepted as an effective treatment option for chronic pain, anxiety, depression, and more. 

Despite this widespread acceptance, the DEA never changed its decision to declassify CBD as a Schedule 1 drug. It is important to note this if you are a current or intending member of one of the branches of the US military.

What Are Possible Penalties for Military Members Caught Using CBD?

As we just mentioned, according to Department of Defense (DoD) guidelines, CBD is prohibited because it has "no currently accepted medical use and a high potential for abuse." If a military member is found to have used CBD, they would be subject to administrative punishment, such as a suspension from duty or a reduction in rank.

As CBD is not a controlled substance, so the erring servicemember will be most likely tried under Article 92 of the Uniform Code of Military Justice (UCMJ) for violating a lawful general order.  Many commands may not realize that they cannot use Art 112a (drug use).  This would be legal error warranting correction or relief from punishment.

What Are Some Possible Defenses for a CBD Charge?

If you are facing a charge of THC D-8 cannabis possession in the military, there are a few possible defenses you may want to consider. Speak to an experienced military attorney to find out what defenses may work best for your situation. Possible defenses could include: 

1. The cannabis was obtained legally under state law and is not a violation of 112a.

2. The use or possession was innocent (unknowing).

It is important to know that there are other defenses available, and each is strictly unique and available to be used under very specific circumstances. 

If you need help with getting your military CBD possession and/or use charge reduced or dismissed, talk to a military attorney at The Griffin Law Firm. We are experienced in these types of cases and would help you get the best possible outcome for your case.

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