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Legal & Rights · Cannabis Decoder

Your state legalized it. The UCMJ didn't.

UCMJ Article 112a (10 U.S.C. § 912a) prohibits marijuana use and possession for every service member — full stop, regardless of what your state says, regardless of the April 2026 DEA rescheduling, regardless of whether you were on duty or three states away on leave. Below: the facts that don't change, the accession policy that actually did change in 2026 (branch by branch), and a state-reference table that matters for your family, not for you in uniform.

10 U.S.C. § 912a
Governing Statute
UCMJ Article 112a
Doesn't Matter
State Legality
For your own conduct
No Change
2026 DEA Rescheduling
Schedule I → III, April 2026
Irrelevant
On-Duty / Off-Duty, On-Base / Off-Base
All of it is covered
No Waiver Needed
Army Accession Waiver
Single conviction, since Apr 20, 2026
Zero Tolerance
Active-Duty Standard
Unchanged for 2026

Governing Statute

Marijuana is named directly in the statute's list of controlled substances (subsection (b)(1)), right alongside heroin and cocaine — it is not just swept in through a generic "controlled substances" cross-reference. That direct naming is why rescheduling doesn't touch it (see below).

State Legality

Stars and Stripes' military attorney column puts it plainly: Article 112a "prohibits all use and possession of marijuana for U.S. military members, regardless of its scheduling," and a state legalizing weed "does not automatically open the door for military service members to use recreational or medical marijuana without legal consequences." No exception for a state medical card. No exception for a physician's recommendation.

2026 DEA Rescheduling

The DEA moved FDA-approved and state-regulated medical marijuana products to Schedule III in April 2026 (recreational marijuana stays Schedule I). Military policy did not move with it. Per the Stripes column: "Military policy has not changed... It would take more than rescheduling cannabis to change this policy" — because Article 112a names marijuana by substance, not by schedule number.

On-Duty / Off-Duty, On-Base / Off-Base

Article 112a covers use and possession full stop — there is no carve-out for off-duty conduct, off-base location, or personal time. If you're subject to the UCMJ, you're subject to Article 112a everywhere, all the time.

Army Accession Waiver

As of April 20, 2026, a single marijuana possession or drug-paraphernalia conviction no longer requires a waiver to join the Army — a real, verified change to who can enlist. It does not touch what happens after you raise your right hand: that's a completely separate question, governed by Article 112a, and the standard there has not moved.

Active-Duty Standard

Every accession-side loosening below is about who gets to enlist. None of it changes the in-service rule: use or possession as a service member is still Article 112a-punishable by court-martial, regardless of what state you're standing in.

Can you still join with weed on your record?

This is about getting IN — enlistment and accession policy, branch by branch. It has nothing to do with the zero-tolerance rule above once you're in uniform. Two different questions, two different answers.

Filter by branch
State-by-state legal status (reference only)Topic Verified
This table does not change your UCMJ exposure — see the facts above. It exists for two reasons only: (1) it matters for family members who aren't subject to the UCMJ, and (2) it matters for post-separation planning.
Filter by status
StateStatusNote
AlabamaMedical Only
AlaskaRecreational — Adult Use Legal
ArizonaRecreational — Adult Use Legal
ArkansasMedical Only
CaliforniaRecreational — Adult Use Legal
ColoradoRecreational — Adult Use Legal
ConnecticutRecreational — Adult Use Legal
DelawareRecreational — Adult Use Legal
District of ColumbiaRecreational — Adult Use Legal
FloridaMedical Only
GeorgiaIllegalOnly a narrow low-THC/CBD extract program exists here — not a real medical-marijuana program, and recreational use is illegal. Bucketed as "illegal" for that reason.
HawaiiMedical Only
IdahoIllegalNo medical or recreational program of any kind.
IllinoisRecreational — Adult Use Legal
IndianaIllegalOnly a narrow low-THC/CBD extract program exists here — not a real medical-marijuana program, and recreational use is illegal. Bucketed as "illegal" for that reason.
IowaIllegalOnly a narrow low-THC/CBD extract program exists here — not a real medical-marijuana program, and recreational use is illegal. Bucketed as "illegal" for that reason.
KansasIllegalNo medical or recreational program of any kind.
KentuckyMedical Only
LouisianaMedical Only
MaineRecreational — Adult Use Legal
MarylandRecreational — Adult Use Legal
MassachusettsRecreational — Adult Use Legal
MichiganRecreational — Adult Use Legal
MinnesotaRecreational — Adult Use Legal
MississippiMedical Only
MissouriRecreational — Adult Use Legal
MontanaRecreational — Adult Use Legal
NebraskaMedical Only
NevadaRecreational — Adult Use Legal
New HampshireMedical Only
New JerseyRecreational — Adult Use Legal
New MexicoRecreational — Adult Use Legal
New YorkRecreational — Adult Use Legal
North CarolinaIllegalNo medical or recreational program of any kind.
North DakotaMedical Only
OhioRecreational — Adult Use Legal
OklahomaMedical Only
OregonRecreational — Adult Use Legal
PennsylvaniaMedical Only
Rhode IslandRecreational — Adult Use Legal
South CarolinaIllegalNo medical or recreational program of any kind.
South DakotaMedical Only
TennesseeIllegalOnly a narrow low-THC/CBD extract program exists here — not a real medical-marijuana program, and recreational use is illegal. Bucketed as "illegal" for that reason.
TexasIllegalOnly a narrow low-THC/CBD extract program exists here — not a real medical-marijuana program, and recreational use is illegal. Bucketed as "illegal" for that reason.
UtahMedical Only
VermontRecreational — Adult Use Legal
VirginiaRecreational — Adult Use Legal
WashingtonRecreational — Adult Use Legal
West VirginiaMedical Only
WisconsinIllegalOnly a narrow low-THC/CBD extract program exists here — not a real medical-marijuana program, and recreational use is illegal. Bucketed as "illegal" for that reason.
WyomingIllegalNo medical or recreational program of any kind.
Source: DISA — Marijuana Legality by State (updated July 1, 2026) · Last verified 2026-07-13

Frequently asked

Does the 2026 rescheduling change anything for me?
No. In April 2026 the DEA moved marijuana to Schedule III. UCMJ Article 112a (10 U.S.C. § 912a) names marijuana directly as a controlled substance — it doesn't rely on the DEA schedule to get there. Stars and Stripes' military attorney column confirmed it flat out: "Military policy has not changed." Rescheduling is a DEA/FDA story, not a court-martial story.
My state legalized recreational weed. Am I in the clear?
Not for your own conduct. State legalization has zero effect on your exposure under Article 112a — the UCMJ is federal military law and doesn't defer to state statutes here. It can matter for family members who aren't subject to the UCMJ, and it matters once you're a civilian again. It does not matter while you're in uniform.
I have a state medical marijuana card. Does that protect me?
No. There is no carve-out in Article 112a for a state medical card or a physician's recommendation. Off-duty medical use is treated the same as any other unauthorized use under the statute.
Can I get in trouble for something I did off-duty, off-base, in a legal state?
Yes. Article 112a does not distinguish between on-duty and off-duty, or on-base and off-base. If you're subject to the UCMJ, you're subject to it around the clock, wherever you are.
I have a past marijuana conviction — can I still enlist?
It depends on the branch and whether it's a single conviction. As of April 20, 2026, the Army no longer requires a waiver at all for a single marijuana possession or paraphernalia conviction. Other branches run different processes — see the branch-by-branch breakdown below, and don't assume one branch's policy applies to another.
How is this different from the UCMJ Article 112a breakdown elsewhere on the site?
That page (/regulations/intel/ucmj-article-112a) is written for someone already facing a positive test or a charge — the five separate offenses, chain-of-custody defenses, the NJP-vs-court-martial track, and when to call TDS. This tool is upstream of that: the state-law myth, and the 2026 accession-waiver policy for people who aren't in trouble yet — recruits, and currently-serving members who want the facts before anything happens. If you're already facing a charge, go read that page and call TDS first.
Why does this tool skip the specific drug-test cutoff numbers (like ng/mL thresholds)?
Because we couldn't pull DoDI 1010.16 directly to verify current cutoff levels, and we don't publish numbers we can't cite to a primary source. If a number matters for your specific situation, get it from your unit's drug demand reduction program or a JAG, not a website.
Related tools
UCMJ Article 112a Decoded — Full BreakdownArticle 15 DecoderMental Health & ClearanceBarracks LawyerMEPS Waiver Lookup
Published by the Honest MOS Editorial DeskVerified against DoD/.gov sourcesUpdated May 2026Editorial standards