A word of caution on high hopes

by Air Force Capt. Stephen Braunlich
Area Defense Counsel

10/2/2014 - JOINT BASE ELMENDORF-RICHARDSON, ALaska -- This November, Alaskans will vote on Ballot Measure 2: whether to legalize marijuana use for persons 21 years of age or older. Although passing a bill through the legislature is the most common way of creating new laws, many states will allow laws to be passed based upon a public vote. Such is the case in Alaska.

However, service members should be careful to avoid any high hopes they can soon legally smoke marijuana. Even if Ballot Measure 2 passes, troops will still be banned from using marijuana.

Confused how a substance can still be illegal after the state you live in has legalized it? The answer lies in the U.S. Constitution.

The Constitution created a federal system. Under this system, the states and the federal government have freedom to act independently of one another. This means the federal criminal law and separate, different state criminal laws can coexist side by
side.

Conduct that a state has criminalized, the federal government may decide not to criminalize, and vice versa. Because the state and the federal government are making independent decisions about what conduct to criminalize, they also independently enforce their own laws. Violations of state laws are tried in state court and violations of federal law are tried in federal court. Under this structure, both the federal government and Alaska have made independent decisions that marijuana should be illegal.

Recently, a handful of states have legalized marijuana under state law. However, the federal government has not made its own determination to do the same. Therefore, marijuana remains illegal throughout America under federal law. It is simply the case that in states which have legalized marijuana, the local and state authorities will not prosecute marijuana use.

As service members, we have a duty to follow the Uniform Code of Military Justice, a federal law. Article 112a of the UCMJ prohibits the use, possession, manufacture, distribution, importation, and exportation of a variety of drugs and intoxicating substances, including marijuana. Under America's federal system, this law will continue to stand even if Alaska legalizes marijuana under state law. Therefore, whether or not Alaska legalizes marijuana, troops are prohibited from using marijuana until federal law changes, too.

None of this is intended to dissuade any service member who is an Alaska resident from voting their conscience. Whether or not Alaska passes Ballot Measure 2, the outcome of the vote will send a message for or against criminalizing marijuana. All Americans, to include service members, have a right to make their voice known through that vote.