Whether or not CBD oil is legal for anyone, in or out of the military, is a very complicated issue. Anyone within the military will say no, that CBD oil use is not legal for military members. The biggest issue arises depending on how CBD oil use is being “charged” whether in nonjudicial punishment, court-martial, or administrative separation. Based on the language by the C.A.A.F. in U.S. v. Maj Pugh, there is an argument to be made that nonjudicial punishment, court-martial and / or administrative separation is not warranted, especially given the failure of military bases to warn against its use and the labels on the products themselves purporting to declare that CBD oil is “completely legal.” Because CBD oil does not compromise military drug testing procedures in that CBD does not contain sufficient THC to trigger a “hot” urinalysis, the government has a hard time articulating the impact on the mission. Every day we receive more and more calls across the nation from members and their families facing punishment or separation for CBD oil use.
Anyone already having suffered the fate described above or anyone pending nonjudicial punishment or court-martial for CBD oil usage or any product made with industrial hemp or hemp seed oil should seek learned counsel as soon as possible to make an informed decision about going forward. This is especially true if facing action for wrongful use of a controlled substance under Article 112a.
For more information, please see a recent blog post on the matter: https://ucmj-defender.com/cbd-oil-militarys-latest-target/
All cases are unique.
Being a former service member herself and working exclusively on military cases, Ms. Stewart has amassed experience to help in the following areas of the UCMJ:
When faced with the decision of hiring a UCMJ specialist, Ms. Stewart’s former clients explain all that is necessary about her commitment to their case and her expertise in handling the toughest legal battles. Learn more about her unique abilities in the words of her clients, peers, and military judges.