CBD in the Army

February 8, 2025

The use of CBD in the Army is prohibited by AR 600-85, available at this link. Specifically, the use of CBD in the Army is addressed by paragraph 4-2l8(a), which states the following:

"The use of products made or derived from hemp (as defined in 7 USC. 1639o), including but not limited to cannabidol CBD, regardless of the product’s THC concentration (for example. THC – 8), claimed or actual, and regardless of whether such product may lawfully be bought, sold, and used under the law applicable to civilians, is prohibited, regardless of the route of administration or use, subject to the exceptions below. Examples of products that are prohibited include, but are not limited to, the following: products 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 under Art. 92(1), UCMJ."

The same paragraph goes on to state that the following exceptions apply to CBD use in the Army; the following use of CBD in the Army is ok:

pursuant to legitimate law enforcement activities;
authorized in the performance of medical duties; or,
without knowledge that the product was made or derived from hemp, where the lack of knowledge is honest and reasonable

The use/ingestion of CBD in the Army can result in a positive drug test for THC, THC-8, and/or THC-9. This is because CBD is derived from hemp and can be contaminated with THC, THC-8, and THC-9.

Essentially, despite CBD being legal to buy/sell around many Army installations, the use/ingestion of CBD in the Army is still banned. As stated in AR 600-85, this includes any form of ingestion, as well as the use of topical lotions, oils, soaps, shampoos, and other cosmetic products.

It is common for Soldiers to test positive for THC, THC-8, and THC-9 without knowingly ingesting any illegal substance. In these situations, the Soldier in question frequently realizes that a sleep aid, lotion, workout supplement, and/or food product contained CBD. As stated in AR 600-85, the unknowing use/ingestion of CBD in the Army is not prohibited as long as the lack of knowledge is honest and reasonable. Proving this mistake of fact is often challenging and requires the assistance of an experienced military defense lawyer.

The use or ingestion of CBD in the Army that causes a positive drug test will result in the Soldier in question facing adverse actions. Typically, Soldiers will receive an article 15 or a GOMOR. Additionally, the initiation of separation (enlisted) and elimination (officer) is required by AR 600-85. Just because separation is required to be initiated does not mean that separation is inevitable; a good defense can result in retention.

Unknowing ingestion of CBD in the Army is common. Any Soldier or Officer in this situation should immediately recognize that his/her career is in jeopardy. While TDS is available to assist , they are often overworked and unwilling to apply the time and attention needed to win these types of cases. Soldiers/Officers can retain a civilian lawyer, which allows him/her to chose a lawyer with a proven track record of success and a high number of quality former-client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents Soldiers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S. Attorney Barry and his team will travel to any base, worldwide, to represent Soldiers accused of misconduct.