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America's Health Responders - U.S. PUBLIC HEALTH SERVICE COMMISSIONED CORPS
Volume 9, No. 1     February 21, 2014
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On January 1, 2014, the decriminalization of the personal/recreational use and possession of small amounts of marijuana in the states of Colorado and Washington, at the state/local law levels, went into effect. However, officers of the Commissioned Corps of the U.S. Public Health Service (Corps) and many other categories of federal, state and local personnel are not included in this relaxation of the use/possession of marijuana.

Regardless of where a Corps officer is stationed or visiting, be in it in the United States, territories or protectorates or in an overseas foreign location, Corps officers are prohibited from the use of marijuana at all times. As defined in Commissioned Corp Directive, CC46.4.1, “Disciplinary Action” and Commissioned Corps Instruction, CC26.1.1, “Standards of Conduct”, misconduct includes the unauthorized use of controlled substances or the consumption of alcohol while on duty such that the officer is impaired, being under the influence of such substances while on duty, or illegally possessing, transferring, or ingesting controlled substances at any time.” At the time of this article, marijuana is defined under various federal laws as a Schedule I Controlled Substance, therefore illegal to use, possess, manufacture or distribute.

Corps officers who are detailed to the Armed Forces and/or within any Department of Defense (DOD) agency are additionally prohibited by DOD Instruction (DODI) 1010.01, “Military Personnel Drug Abuse Testing Program”, the Uniformed Code of Military Justice, Articles 5 and 112a, as well as 10 USC Chapter 47. Corps officers who use, possess, manufacture or distribute marijuana or other controlled substances are subject to federal, state and/or local prosecution, as well as disciplinary actions within the Corps, which includes up to involuntary separation.