The U.S. Army has updated its drug policy to clarify that soldiers are prohibited from using intoxicating hemp cannabinoid products like delta-8 THC. It is further cautioning servicemembers against eating foods containing poppyseeds, which can produce false positives when testing for opioids.
The update to the Army’s substance misuse guidance took effect on October 4. And with respect to the delta-8 THC components, it represents one of the latest examples of how government and private institutions are attempting to navigate the legal grey area that’s emerged since hemp and its derivatives were legalized under the 2018 Farm Bill.
The military branch’s prior policy enacted in 2020 made clear that the “use of products made or derived from hemp,” even if it’s legal for civilians, is prohibited for soldiers. But that guidance came before delta-8 and other intoxicating cannabinoids became a mainstream feature of the largely unregulated cannabis market.
Instead, the Army at the time focused on non-intoxicating CBD, which servicemembers are also barred from using. It remains the rule that prohibited cannabis products include those that are “injected, inhaled, or otherwise introduced into the human body; food products; transdermal patches, topical lotions and oils; soaps and shampoos; and other cosmetic products that are applied directly to the skin.”
“This provision is punitive, and violations may be subject to punishment,” it says.
Congress and state legislatures have been paying closer attention to the intoxicating cannabinoid market in recent years, with various proposals to regulate or outright ban such products. The language of the earlier Army guidance would seem to apply to delta-8, even if it’s not explicitly mentioned, but now the branch is putting the policy more clearly into writing.
The new regulations, first reported by Task & Purpose, specify that soldiers are banned from using controlled substance analogues, which include “synthetic cannabis and other tetrahydrocannabinol (THC) substitutes that have no known application other than mimicking the effects of THC in the human body.”
“Numerous synthetic THC substitutes are now available on the open market in many States,” it says. “Synthetic cannabis such as Delta-8–THC and other THC substitutes are used in drugs such as ‘spice,’ which are so closely related in action to THC as to make it obvious that synthetic cannabis and THC substitutes will have the same potential for abuse as THC.”
Part of the update says that the Army will be conducting targeted screening for delta-8 THC during “inspection random testing, probable cause or competence for duty testing.” Part of the reason for policy revision appears related to the fact that the branch has said that the proliferation of intoxicating cannabinoid products has contributed to a significant increase in positive THC tests within the rank and file.
“THC has always been a major issue when it came to usage among the ranks of the military,” Michael Hicks, installation drug test coordinator at the Army Substance Abuse Program, said in 2022.
“However, in recent years, it has really come to be more of an issue. The passage of the [2018 Farm Bill] by Congress effectively legalized the commercial production of many items infused with THC,” he said. “The vast majority of our drug positives involve delta-8 usage and far outweighing many of the other drugs that we test for.”
The Army in its latest update also cautioned soldiers against—but did not outright ban—eating food items like bagels that contain poppyseeds because it could inadvertently cause false positives on drug tests.
“Soldiers are encouraged to avoid consuming foods containing poppy seeds, as newer seeds variety may contain elevated levels of codeine,” it says. “Although drug testing laboratories have implemented additional measures to distinguish poppy seeds ingestion from codeine misuse, Soldiers should make every effort to avoid these food products.”
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