Army Updates Drug Policy To Explicitly Ban Delta-8 THC Hemp Products And Warn Soldiers Against Eating Poppyseed Bagels

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.”

Meanwhile, in a notice distributed in February, the Army reminded military members that President Joe Biden’s (D) pardons for federal marijuana possession offenses don’t apply to violations of military drug policies.

Ever-shifting marijuana policies have prompted multiple military branches to clarify or adjust their own drug policies.

For example, amid the military’s ongoing recruiting crisis, the Navy in February announced that it was expanding authority to grant waivers to recruits who arrive at boot camp and initially test positive for marijuana, instead of simply sending them home.

The change came shortly after a similar one was enacted at the Air Force, which reported late last year that it granted more than three times as many enlistment waivers to recruits who tested positive for THC as officials anticipated when they first expanded the waiver program in 2022.

For the Air Force in particular, this waiver program represented a notable development, as the branch instituted a policy in 2019 barring service members from using even non-intoxicating CBD, even if its derived from hemp and is therefore federally legal under the 2018 farm bill.

The Navy issued an initial notice in 2018 informing ranks that they’re barred from using CBD and hemp products no matter their legality. Then in 2020 it released an update explaining why it enacted the rule change.

In 2022, the Naval War College warned sailors and marines about new hemp products on the market, issuing a notice earlier last year that said members may test positive for marijuana if they drank a Rockstar energy drink that contained hemp seed oil.

A Massachusetts base of the Air Force, meanwhile, released a notice in 2021 stating that service members can’t even bring hemp-infused products like shampoos, lotions and lip balms to the base. “Even if it’s for your pet, it’s still illegal,” the notice said.

Officials with the division also said in 2018 that it wants its members to be extra careful around “grandma’s miracle sticky buns” that might contain marijuana.

The Coast Guard has said sailors can’t use marijuana or visit state-legal dispensaries.

Last year, the Department of Defense (DOD) said that marijuana’s active ingredient delta-9 THC is the most common substance that appears on positive drug tests for active duty military service members. The second most common is delta-8 THC, which is found in a growing number of hemp-derived products that are being made available, including in states where marijuana itself remains illegal.

One of the first attempts by the U.S. military to communicate its cannabis ban came in the form of a fake press conference in 2019, where officials took scripted questions that touched on hypotheticals like the eating cannabis-infused burritos and washing cats with CBD shampoos. That was staged around the time that DOD codified its rules around the non-intoxicating cannabinoid.

Earlier this year, a study found that 6 in 10 military veterans support marijuana legalization generally, while an earlier survey found more than 72 percent support among veterans for Veterans Administration (VA) doctors being able to legally recommend marijuana.

In June, the U.S. House of Representatives approved a large-scale defense bill that included a section to prevent military branches from testing recruits for marijuana as a condition of enlistment has been left intact, despite opposition from the White House.

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Photo courtesy of Martin Alonso.