The United States Army is potentially facing a resurgence of an ethical dilemma that we have not seen since the late 1970s. While the use of illicit drugs in the military has continued to decrease, the National Institute on Drug Abuse (NIDA) notes, marijuana continues to make up a high percentage of overall drug use. In the U.S. there has been a dramatic increase in the social acceptance and use of cannabis, cannabis-related products and cannabis business investment opportunities across our country.
This general acceptance of cannabis use and the recent legalization of recreational use in states like California, Colorado, and Washington, which are all states with a large Army presence, poses a potential threat to all Soldiers residing in these states.
Army Regulation 600 85 states, “The use of illicit drugs by the military is inconsistent with Army Values, the Warrior Ethos, and the standards of performance, discipline, and readiness necessary to accomplish the Army’s mission.” In order to maintain this stance and continue its current position of a zero tolerance use policy for NCOs and Officers concerning marijuana, the Army must combat the three basic mainstream and widely socially acceptable areas of cannabis participation.
The Army can avoid an ethical dilemma and directly affect Soldiers concerning three areas: educating Soldiers on issues with recreational use, show compassion with the pharmaceutical or medical use, and allow for indirect financial investment opportunities.
According to Myers (2018) article in the Army Times, the Army granted more than 500 waivers in 2017 for new recruits who admitted to using marijuana.
This was a 25% increase over the 2016 misconduct waivers for new recruits. While there is no information on the type of use it can be assumed that it was most likely recreational or experimental for recreational use. Recreational marijuana takes on many forms. The standard consumption is smoking, but the pungent and highly recognizable odor associated with smoking has led many people to consume it in different forms. One of the most popular forms is edibles. Edibles come in a variety of types. Some of the most recognizable are cookies, candies, shakes, powders, gummi bears, and of course, brownies.
The Army can effectively maintain its low to no use policy in this category. As long as marijuana remains federally illegal, it will remain an illegal alternative for Soldiers. Educating Soldiers on the bad effects of marijuana is important. Marijuana has both short-term and potential long-term effects. According to Shaw (2019), the short-term effects include memory problems, learning difficulties, trouble with problem-solving, loss of muscle activity, an increased heart rate and anxiety. These short-term issues can potentially cause serious problems for Soldiers in military occupational specialties (MOS) that require them to be observant and safety oriented. Imagine jumping with a chute packed by a stoned rigger, it might work just fine, but do you really want to test it? How about the aviation mechanic who has to come in unexpectedly to repair a Blackhawk prior to a high tempo training mission. It should fly, right? At what point are their brain and motor skills working at normal capacity?
The long-term effects of marijuana are just as concerning. Ray (2019) notes that smokers risk brain damage equal to those who take harder drugs like heroin or cocaine. Other effects include a higher risk for heart attacks, lung disease, cancer, and a lower immune system. These issues could impact the retirement healthcare system. With the rise in healthcare costs, there would be a cost increase to the Army’s Tri-Care for Life insurance program. Since the Army’s budget comes from taxpayers this could potentially increase the burden on the taxpayer. The other option would be to leave the burden to the Army and shift monies in the budget from other necessary expenses.
With today’s recruits coming of age in states where recreational marijuana use is legal, does the Army need to reconsider its current policies? Can a young Soldier who used marijuana on multiple occasions prior to their service refrain from using it once they enter the Army? Of course, they can. The real question is will they refrain from using it? Are there some occupational specialties that could be labeled zero tolerance and others that would be authorized recreational use? No, all Soldiers are expected to be ready to fight regardless of their job or position. Recreational marijuana use is detrimental to the readiness of the U.S. Army. Educating today’s Soldiers on the risk of recreational use is imperative.
Proponents of using cannabis for medical purposes like Loria and Welsh (2015) point to the calming or soothing effects of marijuana. It is the chemical THC that is in the marijuana plant that has the greatest effect on the body. THC is known for relieving chronic pain, lowering anxieties, slowing or neutralizing seizures and relieving nausea. It has been linked to helping glaucoma patients, HIV/Aids patients, and chemotherapy patients. According to a life hack article by Kabir (2018) in 2007, “The American Association for Cancer Research found that marijuana actually works to slow down tumor growth in brain, breast, and lungs considerably. Devinsky et al/ (2017) medically proved that cannabidiol, another component in marijuana, is capable of impacting children with Dravet Syndrome which causes seizures and severe developmental delays. Their conclusion, Cannabidiol resulted in a greater reduction in convulsive-seizure frequency than placebo and was associated with higher rates of adverse events. Loria and Welsh (2015) point to a 2006 study showing marijuana stopped cancer by turning off a gene called Id-1. This gene is a DNA-binding protein inhibitor which is critical in the growth of tumors. The medical studies show the use of Marijuana greatly impacts the well-being of gravely ill patients.
Medical marijuana definitely has a powerful draw for many people. One of my companies has a 25-year-old Specialist who will start chemotherapy treatments in a few days. The state he lives in allows medical marijuana specifically for chemotherapy patients, but the Army doesn’t. If he consumes THC he will not suffer the harsh side effects of the lifesaving treatment. Is this the type of case the Army uses to reexamine its policies? What about use for family members? I have a family friend whose young daughter suffers from Aicardi Syndrome, a disease that will take her life between the age of five and ten years old. According to her parents, THC has been the only thing that has provided her quality of life and a chance to remain out of the hospital. Should the Army allow for a sick child whose parents serve to possess THC in federal housing to give a child quality of life? Is this the type of case the Army examines to create a new policy? The Veteran Affairs Administration is not allowed to prescribe THC for patients, but it has been my personal experience that doctors discuss it openly with patients who suffer from chronic pain in their knees, back, and neck. In 2017 there was a push in my home state, Missouri, to place an initiative on the ballot that would specifically allow Veterans to be prescribed marijuana.
Medical marijuana looks promising in alleviating many different types of ailments. Placing a Soldier on a marijuana prescription to ease their burden may be an option for major cases like chemotherapy, strokes and painful terminal illnesses. Medical marijuana is not the answer for PTSD, joint aches or other non-life-threatening diseases. The Army currently maintains the same stance on medical marijuana use as it does for recreational use, NCOs and Officers caught using marijuana have a zero-tolerance policy and junior enlisted may be retained as long as it is not a second offense. Showing compassion to Soldiers and their family members who are suffering from serious or life ending illnesses will keep Soldiers from making personal decisions at end of life stages that go against the Army Values.
The third category for cannabis participation is financial investment opportunities and it is not as black and white as it sounds. Currently it is presumed that the Department of Defense would not consider investments similar to participation, however, there is no written policy. It is hard to pass up getting into an emerging market where current stock prices are affordable for anyone to invest and are predicted to soar. In the executive summary of the 2019 Marijuana Business Daily’s, Annual Marijuana Business Factbook McVey (2019) graphed a comparison of the cannabis industry to various other retail industries (p. xiii). The graph depicts the 2018 cannabis industry bringing in nearly $10 billion in retail sales. For perspective, Taco Bell made $10.8 billion dollars last year. He continued by predicting that retail marijuana sales in the United States are on pace to eclipse $12 billion by the end of 2019 and by 2023 are expected to surpass $30 billion. This is similar to the mid-1980s when you could buy shares of Microsoft for $21 dollars. The impact on a Soldier’s financial future and legacy for their family could be monumental if they chose the right companies now or invested in a startup company as a shareholder.
According to Maucione (2019) The DoD Consolidated Adjudications Facility’s current legal position is that ownership of marijuana stocks is considered involvement in drug-related activities and would be a “reportable incident” under the continuous evaluation process. The article goes further to describe potential issues with investments in larger mutual funds that have cannabis companies in their list of stocks. Not knowing that your brokerage house or financial advisor has your money in a Canadian marijuana company is not an excuse. When you have a security clearance you authorize the government to investigate your past and current financial status. Many positions in the military require security clearance and in my case losing that clearance would require me to leave my MOS and the Military.
The Army cannot make its own policy concerning these investments or how it would affect your eligibility to maintain a clearance. The Department of Defense (DoD) must come to a decision on whether or not personnel can invest in the cannabis industry and to what extent they should be allowed to. No Soldier should be allowed to grow, cultivate, produce, or sell marijuana regardless of laws of the state they live in. Allowing Soldiers to invest in Cannabusiness as a shareholder will potentially avoid ethical concerns and issues.
The ethical dilemma of cannabis participation in the Army will only become more prevalent over the next few years. According to The National Institute on Drug Abuse’s 2019 Cannabis Map, there are 10 states and the District of Columbia where marijuana is completely legal. There are another 23 states that currently allow medical marijuana, 5 states that allow CBD and only 9 states where it remains fully illegal. It is against U.S. Federal law to grow, sell, buy, or use marijuana, but the Internal Revenue Service collects tax revenue. According to Smith (2018), the IRS is expected to collect $2.3 billion dollars for the 2018 tax season. With marijuana becoming socially acceptable and the potential financial gains for investors the Army must work with the DoD to create policies that educate and deter Soldiers from using recreational marijuana. They must create policies for medical concerns to regulate and limit use for Soldiers suffering from life-threatening or terminal diseases while staunchly eliminating the possibilities for use with minor ailments or PTSD. The Army should allow Soldiers to invest in companies and the emerging market as long as they are not directly participating in the growing, selling, or buying of marijuana. The Army is on the verge of an ethical dilemma, but by educating the Soldiers, showing compassion for the sick, and allowing investment in cannabis they will maintain a force that is capable and committed to continuing the mission.
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