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Marijuana and Military ?????

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Flotown79 View Drop Down
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  Quote Flotown79 Quote  Post ReplyReply Direct Link To This Post Topic: Marijuana and Military ?????
    Posted: November/05/2009 at 4:11pm
When states pass laws for the legalization of marijuana for medical reasons, does that mean National Guard members may start using since they are not under fed control unless federally activated?



"Even with all of the recent advances in Masonic Education, there still remains no effective means by which you can communicate with a brother that already knows everything." - Ron Robinson
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  Quote Tarditi Quote  Post ReplyReply Direct Link To This Post Posted: November/05/2009 at 8:11pm
If a person would be eligible to use marijuana for medical reasons, that condition would likely prevent them from military service. Unless this is more of a "if a tree falls in a forest and nobody is around does it make a sound" hypothetical questions... Then I say that you would be dancing on a razor's edge... :-)
Dustin Tarditi
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Kintora View Drop Down
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  Quote Kintora Quote  Post ReplyReply Direct Link To This Post Posted: November/06/2009 at 1:56am
It's been my impression that all states and citizens thereof are under federal control. The states can pass these laws, but the feds reserve the right to come in and shut down and/or arrest businesses and individuals as they have done in California and I'm sure elsewhere. It's just a matter of where it is on their priorities list at any given time. I support state's rights, but this seems to be the reality of the situation.
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Flotown79 View Drop Down
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  Quote Flotown79 Quote  Post ReplyReply Direct Link To This Post Posted: November/06/2009 at 9:35am
The National Guard is not under federal control until it is activated by the federal gov. 

Lets say CA decided to legalize marijuana for personal use, would NG members be allowed to smoke as long as they were not federally activated.

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dualsingularity View Drop Down
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  Quote dualsingularity Quote  Post ReplyReply Direct Link To This Post Posted: November/06/2009 at 11:59am
To answer your question, I would say that the NG would not be allowed to utilize the drug. 
According to the  California Military and Veterans Code Section 102 
 
"102.  The Uniform Code of Military Justice and the
rules and regulations adopted thereunder, together with the Manual
for Courts-Martial, United States, 1984, are hereby adopted as a part of this
code and shall govern and be applicable, except as otherwise provided
in this code or in regulations adopted by the Adjutant General, to
the active militia, including the California National Guard."
 
So the California National Guard would be forbidden by Article 112A (Wrongful use of a controlled substance) of the UCMJ.
 
IMO, this is the primary reason why the federal government does not want to legalize/de-criminalize drug use and posession.
If they were to legalize it then they would have to allow military members to use it, and that is one of their biggest fears.
I don't think it's any different than alcohol, but that's just my opinion.
Bro. Rob McGill
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