With the legalization of medical marijuana in many states, including New York, prospective military recruits often wonder whether having a New York Medical Marijuana Card (NY MMJ Card) affects their eligibility to join the U.S. military. While cannabis laws have evolved on a state level, the federal laws governing the military have remained unchanged, presenting challenges for those who use cannabis, even for medical purposes.
Despite New York’s progressive stance on medical marijuana, federal law still prohibits the use of cannabis within the U.S. military. This prohibition applies to both recreational and medical marijuana, regardless of state laws that permit its use. Therefore, it is crucial to understand how having a Medical Marijuana Card New York (or any medical cannabis card) impacts your eligibility to enlist.
Federal Law and Military Drug Policy
The Controlled Substances Act (CSA) classifies marijuana as a Schedule I drug, meaning it is considered to have a high potential for abuse and no accepted medical use under federal law. As a result, marijuana remains illegal at the federal level, which directly affects the U.S. military, a federally governed institution. All branches of the military follow strict zero-tolerance policies when it comes to the use of controlled substances, including cannabis.
Even in states where marijuana is legal for medical or recreational purposes, the Uniform Code of Military Justice (UCMJ) prohibits service members from using or possessing marijuana. This means that while civilians in New York may legally use medical marijuana with an NY Medical Marijuana Card, active-duty military personnel, reservists, and potential recruits cannot. This federal prohibition applies across all branches of the U.S. Armed Forces—Army, Navy, Marine Corps, Air Force, Coast Guard, and the Space Force .
The Enlistment Process: Drug Testing and Medical Marijuana
When enlisting in the military, all recruits undergo a thorough medical evaluation at the Military Entrance Processing Station (MEPS). As part of this process, recruits are required to take a urinalysis drug test, which screens for the presence of controlled substances, including THC (tetrahydrocannabinol), the psychoactive compound in marijuana. If a recruit tests positive for marijuana, it is an automatic disqualification from military service.
Having an NY Medical Marijuana Card does not exempt a recruit from the military’s strict drug testing policies. Even if the marijuana is prescribed for a legitimate medical condition, testing positive for THC during the enlistment process will result in disqualification. The military’s stance on drug use is uniform across all branches, and recruiters make it clear that potential recruits must be drug-free at the time of enlistment.
Can You Obtain a Waiver for Past Marijuana Use?
While active marijuana use disqualifies a recruit from military service, the military has become more lenient in recent years when it comes to past marijuana use. Many branches of the military, including the Army and Air Force, allow recruits to apply for waivers if they have used marijuana in the past but are no longer using it at the time of enlistment. Waivers are typically granted on a case-by-case basis, depending on the frequency and context of past cannabis use.
For example, if a recruit experimented with marijuana a few times in the past but has since stopped using it, they may still be eligible to join the military after applying for a waiver. However, repeated or long-term use of marijuana—especially after obtaining a Medical Marijuana Card NY—may make it more difficult to secure a waiver. In such cases, military recruiters will assess the severity of the marijuana use and whether the individual has fully stopped using cannabis.
Honesty During the Recruiting Process
It is important to be honest and upfront about any past marijuana use during the recruiting process. If a potential recruit lies about their marijuana use or fails to disclose their medical marijuana card, it can result in disqualification or even legal consequences if the truth is discovered later. Recruiters often stress the importance of transparency, as dishonesty can permanently bar individuals from military service.
During the interview process, recruits will be asked about their drug use history. If you have used marijuana in the past, it is better to disclose this information and work with the recruiter to determine if a waiver is possible . While the military’s drug policies are strict, many branches offer flexibility in terms of past use, and honesty is often rewarded with the opportunity to apply for a waiver.
Implications for Active-Duty Military Personnel
Once enlisted, all military personnel are subject to regular and random drug tests throughout their service. The military maintains a zero-tolerance policy for drug use, including medical marijuana, which means that service members cannot use marijuana while in uniform, regardless of whether they have a medical marijuana card or if they are stationed in a state where marijuana is legal.
If a service member is found to be using marijuana, they may face serious consequences, including court-martial, dishonorable discharge, and the loss of benefits. This can severely impact a service member’s career and future opportunities. For this reason, individuals with an NY Medical Marijuana Card who are considering a military career should understand that they will be required to cease all marijuana use upon joining the military.
Can You Use CBD in the Military?
One area of confusion among recruits and service members is the use of CBD (cannabidiol), a non-psychoactive compound found in cannabis that is often used for pain relief and anxiety management. While CBD is legal in New York and across the U.S. as long as it is derived from hemp and contains less than 0.3% THC, the Department of Defense (DoD) has banned the use of CBD products for all active-duty military personnel .
The DoD has stated that even trace amounts of THC in CBD products could result in a positive drug test, which could lead to disciplinary action. As a result, military personnel are advised to avoid all CBD products, regardless of their legality at the state level. This ban applies to CBD oils, edibles, and topicals, even those sold over the counter or without a prescription.
Conclusion
Joining the military with a New York Medical Marijuana Card is challenging due to the military’s strict federal regulations prohibiting cannabis use. While past marijuana use may be forgiven with a waiver, active marijuana use, even with a medical card, results in disqualification. Recruits must pass drug tests, and a positive THC result leads to immediate disqualification. For those considering military service, it’s essential to stop marijuana use well before enlisting and be honest with recruiters about past use. The military enforces a zero-tolerance policy for cannabis, regardless of state laws.
