Marijuana in the MilitarySubmitted by MikeFWT210 on Thu, 05/02/2013 - 04:24
Disclaimer: This is a hypothetical question which I would like to discuss. This isn't a practice that I would encourage or promote. Just a discussion topic.
There are now two States in the Union which have passed marijuana laws, Colorado and Washington State. Let us for one moment assume that you are a Soldier in the military, which prohibits all marijuana use. As a soldier, you take an Oath of Enlistment to the U.S. Constitution.
Nowhere in the Constitution does it say that Congress has the authority to tell its citizens what they can and can not put into their bodies. Especially a plant which grows naturally. That right is reserved to the States and/or the People themselves, according to the 9th and 10th Amendments.
I understand that the Active military and the Reserves are federally operated and should probably follow federal guidelines. But let's say you are a Guardsmen, which falls under State regulations. If you are a Guardsmen in the States of Washington or Colorado which now have legal marijuana laws for recreational use, would a direct order to not smoke cannabis, be considered unconstitutional, and therefore unenforcable?
Drinking alcohol in those states is legal, and soldiers are allowed to consume it. Why wouldn't a soldier in the Guard be able to practice the activities legal in his/her State?
I'm just brainstorming here, and would like some more input. I myself am NOT in the National Guard, so these questions do not directly apply to me. Is there anything I am forgetting to take into account?