Pubdate: Fri, 07 Nov 2014
Source: Washington Times (DC)
Copyright: 2014 The Washington Times, LLC.
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Author: Maggie Ybarra
Page: A1

MILITARY STRUGGLES WITH MARIJUANA POLICY AS MORE STATES OPT TO LEGALIZE

Two years after Colorado and Washington legalized marijuana for 
recreational use, the military community is struggling to reconcile 
the state laws with its outright ban while falling short of its own 
standards for drug testing in some areas where pot is now freely available.

The issue has taken on a new relevance with Oregon, Alaska and the 
District of Columbia voting Tuesday to legalize marijuana, adding to 
a host of other states that have loosened criminal penalties for 
possession or use of the drug in recent years.

But while marijuana laws are rapidly changing across the country, 
Pentagon statistics show that mandatory annual drug testing is not 
necessarily keeping pace.

Army testing data obtained by The Washington Times through a Freedom 
of Information Act request shows that of about 41,000 soldiers 
stationed at Joint Base Lewis-McChord in Washington, only about 75 
percent - or 30,836 soldiers - were tested for marijuana in fiscal 2014.

The numbers were better at Fort Carson in Colorado, where the numbers 
suggested officials had fully tested the 26,000 active-duty personnel 
stationed at the base over the same period.

Officials say the expectations for active-duty personnel are clear - 
a zero-tolerance policy against marijuana use has been in place since 
the Reagan administration - and figures show a decline from last year 
at both bases in the number of active-duty soldiers who test positive 
for the drug.

At Lewis-McChord in Washington, where marijuana became legal in 
December 2012, the number of soldiers testing positive for marijuana 
dropped from 315 in fiscal 2012 to 250 in fiscal 2013.

Fort Carson in Colorado saw a similar reduction, from 365 in fiscal 
2012 to 254 the next year. Legalization took effect there in January 2013.

Army officials say they're satisfied that the service's random 
testing regimen is enough of a deterrent to soldiers and that they 
have no plans to increase the frequency of their testing in states 
that have changed their pot laws or anywhere else.

"The results of our continued drug testing demonstrate the commitment 
soldiers have to the Army profession, regardless of a state's 
legalization of marijuana," Army spokesman Lt. Col. Benjamin Garrett 
said. "With 98 percent of the Army population testing negative for 
illicit drugs, soldiers demonstrate their ability to take 
responsibility for themselves, reinforcing the fact that our drug 
testing program is working."

But while active-duty personnel have not shown greater inclination to 
use the drug, the guidelines have been more ambiguous for part-time 
soldiers and for military family members, who often live off base in 
shared housing or among family members. In a shared housing 
situation, for example, a roommate or spouse could legally grow 
marijuana or smoke it - placing a soldier in a potentially 
compromising position.

In 2012, after the legalization measure was approved in Washington 
state, a spokesman for Naval Base Kitsap told Army Times that spouses 
who decide to smoke pot "would be putting their service member in a 
bad situation." But the top legal adviser for the 21st Space Wing at 
Peterson Air Force Base in Colorado was quoted by the publication as 
saying it was "not my business what spouses do off base."

As recently as June, ahead of the opening of marijuana retail stores 
in Washington, Lewis-McChord officials issued a notice in the base 
newspaper reminding personnel their responsibilities under federal 
law had not changed. While 17 bullet points discussed the provisions 
of the new marijuana law, just one referred to military members' "dependents."

"Marijuana remains illegal under federal law for dependents, 
employees, contractors and visitors, while on the installation, to 
use, possess, manufacture or distribute," the notice stated.

The subject of family members' responsibilities is a frequent topic 
of conversation on the military community website RallyPoint, which 
has about 400,000 users who are active-duty Defense Department 
personnel and retired veterans.

Yinon Weiss, a former Army Green Beret and the CEO of RallyPoint, 
provided several posts from service members who expressed concern and 
confusion about how troops should manage relaxed restrictions on 
marijuana in their states.

"For married service members, I think the military has to allow 
family members to do what they're now legally allowed to do, 
especially in the privacy of their own home," wrote one soldier, 
whose name Mr. Weiss withheld to protect their identity. "If that 
means a soldier has plants in his or her house but they continually 
pass a urine test, so be it."

The experience doesn't end with the active-duty Army. In fact, it's 
more pronounced among part-time soldiers who report to bases in the 
states where marijuana is legal.

With regard to drug testing, in fiscal 2013 only 1,523 of the 
Colorado Army National Guard's 3,978 military personnel were tested 
for marijuana, according to the data. The statistics also show that 
Washington Army National Guard company commanders in fiscal year 2014 
tested 3,320 of its soldiers for marijuana, even though there are 
6,198 part-time soldiers serving in the guard.

Positive marijuana tests among Washington state Army National Guard 
soldiers dropped from 68 in fiscal 2013 to 26 in the last fiscal year.

The state's counterdrug program director, Lt. Col. David Hamilton, 
cautioned the tests might not tell the whole story yet since retail 
pot shops only opened last summer and legalized marijuana remains in 
short supply.

Colorado Joint Counterdrug Task Force Commander Lt. Col. Rob Soper 
said officials are aware of the "challenges" associated with ensuring 
that reserve forces maintain the Defense Department's zero-tolerance 
policy for substance abuse.

"Many of our traditional guardsmen are guardsmen 28 days a year. They 
perform duties two days a month. So they're out there in the 
community," he said. "It's difficult. They're part of the community. 
That's what we are, that's what National Guardsmen are - part of the 
community and part-time soldiers."

The Colorado Army National Guard recorded an increase in positive 
test results, with the number of soldiers testing positive jumping 
from 20 to 32 from fiscal 2013 to fiscal 2014. But officials there 
also hesitated to draw conclusions about the effects of legalization 
since the sample size was so small.

"Even though it went into effect on January 1, I think it's still a 
little to early to tell how much effect that this is having," Lt. 
Col. Soper said. "I mean, because these numbers are small."
- ---
MAP posted-by: Jay Bergstrom