Congress Wants the Air Force and Marines to Take Cannabis Recruits

The military’s recruiting crisis is doing what decades of advocacy couldn’t. A new provision in the defense bill would push the Air Force, Space Force, and Marine Corps to create permanent military marijuana waivers for recruits who test positive for THC — bringing them in line with the Army and Navy, which already do it.

military marijuana waivers

The provision comes from Rep. Dave Joyce (R-OH), co-chair of the Congressional Cannabis Caucus, who filed it as a National Defense Authorization Act (NDAA) amendment. As Military.com reported, it directs Defense Secretary Pete Hegseth to deliver a plan for a clear, consistent re-enlistment waiver process across the branches.

The amendment explicitly praises the Army and Navy for building waiver systems that let would-be enlistees reapply after a positive THC test, and it calls on the Air Force, Space Force, and Marine Corps to follow suit with their own permanent processes. Marijuana Moment notes it’s a repeat attempt — Joyce got a version through the House last year, but it never became law.

How military marijuana waivers would work

Context matters here. The Army already moved in this direction, and earlier this year adopted a rule letting recruits with a prior marijuana conviction enlist without needing a special waiver at all. The branches are responding to a simple math problem: in a country where most states have legalized some form of cannabis, disqualifying every applicant who has ever used it means turning away a huge share of the eligible population during a recruiting shortfall.

That’s the quiet revolution in this story. The Pentagon isn’t updating its drug policy because of a moral awakening about cannabis. It’s doing it because it can’t fill its ranks while treating a kid who used a legal product in a legal state as permanently unfit to serve. Necessity is a more powerful reformer than any advocacy campaign.

There’s a second piece worth flagging: the broader push also touches whether active-duty service members can use hemp products. That’s a thornier question, because the Department of Defense has separately warned troops away from hemp-derived CBD over the risk of failing a drug test. Squaring “we’ll waive your enlistment THC test” with “don’t touch hemp once you’re in” is exactly the kind of policy inconsistency Joyce’s report mandate is meant to force the brass to confront.

For the legalization debate, the symbolism is heavy. If the United States military — about the most conservative institution on drug policy you can name — concludes that past cannabis use shouldn’t bar service, the “but federal law” crowd loses one of its favorite talking points. The armed forces meeting reality where it actually is undercuts the argument that cannabis users are inherently unreliable.

Whether this version survives the NDAA process is a separate question. Defense bills are giant, contested, and full of provisions that get traded away in conference. But Joyce keeps filing it, the recruiting numbers keep pressing, and the trend across the branches is clearly pointed one direction.

Related: Joyce’s other big cannabis bill this week, SAFE Banking. Related: the federal rescheduling fight.

Watch the full episode

Tom Howard and Miggy break down all of this week’s stories on the Sunday, June 28, 2026 episode of Cannabis Legalization News:

Watch the latest CLN episode on YouTube →

Original sources

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Thomas Howard

a seasoned cannabis business attorney, entrepreneur, and advocate with over a decade of hands-on experience navigating complex cannabis regulations across the United States. As the founder of Cannabis Industry Lawyer and co-host of Cannabis Legalization News, Tom has helped clients win cannabis licenses in multiple states, advised startups from seed to sale, and litigated key industry cases involving constitutional challenges and regulatory disputes. He’s personally built and launched cannabis businesses, giving him a rare combination of legal expertise and real-world operational insight. Tom has studied thousands of pages of cannabis laws and rules, testified on legalization issues, and regularly appears in media to break down developments in plain English. His mission: to fight outdated prohibition, empower entrepreneurs, and provide trustworthy, actionable information to anyone building a future in the legal cannabis industry.
Picture of Thomas Howard

Thomas Howard

a seasoned cannabis business attorney, entrepreneur, and advocate with over a decade of hands-on experience navigating complex cannabis regulations across the United States. As the founder of Cannabis Industry Lawyer and co-host of Cannabis Legalization News, Tom has helped clients win cannabis licenses in multiple states, advised startups from seed to sale, and litigated key industry cases involving constitutional challenges and regulatory disputes. He’s personally built and launched cannabis businesses, giving him a rare combination of legal expertise and real-world operational insight. Tom has studied thousands of pages of cannabis laws and rules, testified on legalization issues, and regularly appears in media to break down developments in plain English. His mission: to fight outdated prohibition, empower entrepreneurs, and provide trustworthy, actionable information to anyone building a future in the legal cannabis industry.

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