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University of Florida Journal of Law & Public Policy

Abstract

Over the last four decades, public sentiment regarding marijuana has changed drastically. Many states now allow medicinal marijuana to be prescribed and consumed, while some even permit recreational use. The federal government, as both sovereign and employer, is behind the curve. In both roles, the federal government has failed to act meaningfully. Lax enforcement and the shift in public sentiment will force Congress and the President to enact some significant changes to marijuana law in the very near future. If no action is taken, a dramatic clash between state and federal law will ensue within the nation’s court system.

The Department of Defense (DoD), specifically the Air Force, has maintained drug testing programs for decades in compliance with federal mandates. Unfortunately, the Air Force and other federal agencies are clinging to outdated policies of the past to justify their current actions. As the professed leader in innovation, the Air Force has a moral responsibility to pioneer a shift in focus within the DoD and the broader federal government. In order to continue its heritage in innovation and adapt to current trends, the Air Force needs to depart from previous policies regarding marijuana. Although such a shift cannot be accomplished alone, the Air Force is responsible for leading the DoD and the federal government in a new direction. A proactive three-pronged approach to marijuana in 2023 would include retaining reasonable suspicion and safety mishap testing, devoting greater attention to marijuana use within existing treatment programs, and working with stakeholders to remove marijuana from random urinalysis testing.

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