A conservative congressman has included a provision in the U.S. House version of the National Defense Authorization Act (NDAA) that calls on all services to expand waivers for military enlistees who test positive for tetrahydrocannabinol (THC), the primary psychoactive component found in cannabis.
An amendment included in the House’s NDAA draft proposed by Rep. Dave Joyce (R-Ohio) directs Defense Secretary Pete Hegseth to submit a report outlining a plan to establish and disseminate a clear definition of the reenlistment waiver process. The report calls for a clarification of existing enlistment standards that allow waivers for individuals seeking to reenlist after a positive THC toxicology test, assessing the feasibility of contacting those previously denied for legal cannabis use.
Joyce told Military.com that he proposed the amendment due to positive THC toxicology tests being “one of the most common reasons otherwise qualified applicants are disqualified from military enlistment today.”
“As states across the country continue to move to legalize cannabis use, a growing number of otherwise qualified applicants are being disqualified following a positive THC toxicology test—often for conduct that was legal under state law at the time,” Joyce told Military.com. “We cannot afford to lose qualified, motivated individuals in an already challenging recruiting environment.”
The amendment language praises the Army and Navy for “having taken positive steps in their work to design and implement a waiver system that permits potential enlistees into the Armed Forces to reapply for enlistment following a positive toxicology test for tetrahydrocannabinol.”
It calls on the Air Force, Space Force and Marine Corps to follow suit by developing and implementing “their own permanent waiver system commensurate with the process employed by the Army and Navy.”
“The Army and Navy have successfully demonstrated that reenlistment waivers can help these individuals reapply for enlistment in our Armed Forces,” Joyce told Military.com. “Given the enlistment issues we saw at the beginning of the decade, we must institute common-sense policies that reflect the realities of modern recruitment and ensure qualified individuals have a second opportunity to serve our nation.”
How Expanded Waivers Would Work
Along with calling for permanent waiver programs being established by the Air Force, Space Force and Marine Corps, the Joyce amendment would require a defense secretary—Hegseth in this instance—to develop a program to provide waivers for potential enlistees who were not permitted to enlist due to their toxicology tests.
That would not only provide potential enlistees with permission to reapply for enlistment, but would also assess the feasibility of contacting any such potential enlistees unpermitted to enlist following positive THC tests in states where marijuana is legal under law.
The amendment’s successful inclusion in the final version of the Fiscal Year 2027 NDAA would instruct Hegseth “no later than 180 days after the date of the enactment” to submit a report to congressional defense committees outlining a plan to create, disseminate, and use a clear definition that highlights that all waivered recruits are qualified and eligible to enlist in the Armed Forces.”
That would apply to enlistees “even if they do not meet every enlistment standard, and that existing standards of enlistment allow for waivers.”
This past April, the Army announced updated regulations removing restrictions on recruits who have a single conviction for marijuana possession—rather than require a special Pentagon waiver to proceed with enlistment efforts. The Navy did similar but years earlier.
NDAA Deliberations Remain Ongoing
The amendment is a repeat attempt by Joyce, co-chair of the Congressional Cannabis Caucus, to update how the military responds to positive drug tests—at least as it pertains to cannabis. Last year, he successfully passed a bill through his chamber though it never became law.
The House NDAA draft includes amendments made by other legislators pertaining to certain substances, such as psychedelics. Congressional efforts in both the House and Senate have advanced in recent months, coupled with President Donald Trump openly advocating for federally-provided psychedelic treatment methods to improve mental health mechanisms.
Military.com previously reported on these multiple efforts in both the House and Senate, proposed by military veterans in certain instances, as well as on Trump’s executive order to accelerate medical treatments involving ibogaine, LSD, MDMA and psilocybin in coordination with multiple federal agencies, including the Department of Health and Human Services plus the Food & Drug Administration.
One bipartisan amendment in the House’s NDAA draft extends the period of performance of the current Department of Defense trial to treat certain conditions using psychedelic substances to Sept. 30, 2033.
The Joyce amendment at this juncture is only a legislative suggestion that must ultimately pass both the House and Senate as part of the final version of the FY27 NDAA.
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