Republican lawmakers are taking fresh aim at outdated cannabis rules in the armed forces. Reps. Dave Joyce (R-OH) and Tony Gonzales (R-TX) have filed amendments to the National Defense Authorization Act (NDAA) that would expand military marijuana waivers recruits can access after testing positive for THC and ensure that active-duty service members can lawfully use hemp products. With the Department of Defense (DOD) struggling to meet recruitment goals, the proposals represent an attempt to align policy with today’s realities around cannabis and hemp.
Key Takeaways
- Joyce’s amendment pushes for uniform military marijuana waivers recruits can depend on across all branches.
- The Army and Navy already use waiver systems, but other branches lag behind.
- The DOD would be required to contact past recruits previously rejected for cannabis use.
- Gonzales’s amendment protects service members’ rights to use hemp products legally.
- Current bans on CBD and hemp remain in place despite federal hemp legalization.
Expanding Military Marijuana Waivers For Recruit Access
Rep. Joyce, co-chair of the Congressional Cannabis Caucus, argues that the armed forces must adapt. His amendment recognizes progress by the Army and Navy, which already allow recruits who test positive for THC to reapply. However, the Air Force, Marine Corps, and Space Force lack comparable systems.
The proposed language would direct the Secretary of Defense to create a permanent waiver program for all branches. The goal is to ensure that a single positive THC test does not permanently disqualify otherwise qualified candidates, especially as cannabis laws continue to evolve at the state level.
The amendment also requires the DOD to evaluate contacting individuals who were previously rejected due to cannabis use, offering them the chance to reapply. That move reflects a shift toward seeing cannabis use as less of a barrier to service readiness and more of a civilian reality that should not end military aspirations.
Hemp Use and Military Policy
While Joyce’s amendment targets recruitment, Rep. Gonzales has filed a companion proposal to address the day-to-day realities of service members. His amendment would prohibit the Secretary of Defense from banning hemp products if they are otherwise legal under federal, state, and local law.
This change would directly challenge long-standing military rules. Since 2019, DOD has banned the use of CBD and hemp-derived products, citing concerns about THC contamination and readiness. The Air Force, Navy, and Coast Guard have each issued strict notices reinforcing the ban, even on innocuous items like CBD hand sanitizer or hemp protein bars.
Gonzales’s proposal seeks to bring military rules back in line with the 2018 Farm Bill, which legalized hemp nationwide. Advocates argue that the current restrictions are outdated, confusing, and create unnecessary risks for service members who may unknowingly use legal hemp-based products.
Military Marijuana Waivers in Past NDAA Bills
This isn’t the first time cannabis-related reforms have appeared in defense spending negotiations. In 2024, the House approved NDAA language to end marijuana testing as a condition of enlistment or commissioning. That measure was ultimately stripped out during final negotiations with the Senate.
By focusing on marijuana waivers recruits can rely on, Joyce’s amendment may have a better chance of survival. It builds on policies already working in two branches rather than creating a brand-new system. At the same time, Gonzales’s amendment to protect hemp use highlights a growing divide between federal legalization and military rules that have remained rigid.
Recruitment, Retention, and Readiness
At the heart of these amendments lies a broader question: how should the military handle cannabis in an era when nearly half the country has legalized recreational use? Recruitment shortfalls have been widely reported, and strict marijuana rules are seen as an unnecessary barrier to enlistment.
Waivers would not allow on-duty use or excuse repeat offenses but would instead offer a structured second chance for qualified recruits. For many observers, that strikes a balance between maintaining readiness and adapting to the shifting legal landscape.
Meanwhile, hemp use remains a flashpoint. Critics of the current ban argue that service members should not be punished for using federally legal, non-intoxicating products. A clearer policy could reduce confusion and disciplinary cases tied to CBD and hemp products.
Conclusion
The push for reforms shows that cannabis policy in the military is no longer a fringe issue. Joyce’s amendment would expand military marijuana waivers recruits can access, helping standardize second-chance opportunities across all branches. Gonzales’s amendment would protect lawful hemp use, reflecting a shift toward aligning military policy with federal law. Whether these proposals survive the NDAA process remains to be seen, but their introduction underscores the growing pressure to modernize cannabis rules while maintaining readiness and discipline.
This article is based on publicly available legislative records, court filings, industry reports, and published research as of the publication date. Cannabis laws and regulations change frequently — verify current rules with your state’s regulatory agency.
