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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33101
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Good evening,You had briefly mentioned in a previous response

Customer Question

Good evening,
You had briefly mentioned in a previous response as an example the use of medical marijuana for a soldier in the IRR. I am living in california and was dropped to the IRR from my Marine Corps Unit in February after serving 6 years active reserves and now have 2 years inactive.
I have been suffering from severe insomnia for several years now and want to know if a medical marijuana card is an option for me.
Thanks in advance.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
The only potential issue is recall. Technically while in the IRR you are not subject to the UCMJ. BUT if recalled to duty, you are again subject to the UCMJ.
SO if recalled to duty, you are again subject to military law. If you show up and screen positive? They would prosecute...most likely sending you to administrative separation board to receive an oth discharge.
You would then be placed in an odd position...you would have to convince the board that your use was before recall. Since marijuana can remain in the body for weeks, this is possible (possible the positive screen was from use prior to your recall orders). But that could be a tough decision for a panel of Marine staff nco's to make.
Bot***** *****ne ; technically not a violation of military law...but still possible if you were recalled that you get punished.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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