JOINT BASE ANDREWS, Maryland –
With recent changes to laws in Washington, D.C., governing marijuana use and possession, Team Andrews members are reminded to be careful and avoid inadvertently coming into contact with the substance.
Initiative 71 -- Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014 went into full effect Feb. 26, 2015. Initiative 71 allows anyone in D.C. who is 21 or older to "possess up to two ounces of marijuana on non-federal property; gift up to one ounce of marijuana; cultivate up to six marijuana plants, no more than three of which may be mature; possess marijuana-related drug paraphernalia; and use marijuana on private property."
Under Title 21, Section 844 of the United States Code, it's unlawful for any person to knowingly or intentionally possess a controlled substance. Tetrahydrocannabinol, or THC, the active chemical in the Cannabis or marijuana plant, is a controlled substance under Section 812 of the same code.
"Federal Law supersedes local legislation and anyone attempting to enter the base should be aware they may be held responsible for any controlled substances in their vehicle," said Staff Sgt. Matthew Smith, 11th Security Forces Support Squadron reports and analysis clerk.
Federal law enforcement agents may arrest anyone for possession of marijuana on federal property, which includes military bases.
Punishment for possessing, using, manufacturing or introducing controlled substances to the installation can be severe. The THC contained in marijuana is classified as a Schedule I controlled substance, and not permitted on base.
According to the base legal office, service members possessing less than 30 grams of marijuana could face a dishonorable discharge, forfeiture of all pay and allowances and up to two years confinement; while service members possessing more than 30 grams could face a steeper punishment of five years confinement along with dishonorable discharge and forfeiture of pay and allowances.
"Under 21 USC, Section 844, civilians could face one year imprisonment and/or a fine of up to $1,000 for a first offense," said Capt. Anahid Nikogosian, 11th Wing assistant staff judge advocate. "Repeat offenders face a mandatory 15 day imprisonment and $2,500 fine."
However, under the new legislation, marijuana is expected to become more popular with the local population. Possession and use of marijuana on Team Andrews is still illegal for all persons entering and residing on base, including service members, residents, contractors and civilian employees.
"Dependent family members can also find themselves facing a federal judge if they think it is now legal to bring Marijuana on base," said Nikogosian. "It is important for all base employees and residents to be aware of and to comply with the Marijuana-related laws applicable to Andrews."
Contributions from the District of Columbia Metropolitan Police Department website