ACN 079/19 - JUL 2019 COMMANDER’S INTENT WITH RESPECT TO MARIJUANA USE AND A NEW PUNITIVE GENERAL ORDER THAT PROHIBITS ENTRY INTO AND SUPPORT OF MARIJUANA ESTABLISHMENTS

ALCOAST COMMANDANT NOTICE             CANCEL DATE 29 JUL 2020

R 300750 JUL 19
FM COMDT COGARD WASHINGTON DC//CCG//
TO ALCOAST
UNCLAS //N05810//
ACN 079/19
SUBJ:  COMMANDER’S INTENT WITH RESPECT TO MARIJUANA USE AND A NEW PUNITIVE GENERAL
ORDER THAT PROHIBITS ENTRY INTO AND SUPPORT OF MARIJUANA ESTABLISHMENTS
A. 10 U.S.C. 912a, Art. 112a, Wrongful use, possession, etc., of controlled substances
B. Discipline and Conduct Manual, COMDTINST M1600.2 (series)
1. Commander’s Intent. Wrongful use of controlled substances, to include marijuana use,
poses a significant risk to Coast Guard personnel and to unit readiness, and negatively
impacts mission execution. This ACN is a reminder that the use, possession, manufacture,
or distribution of marijuana is a violation of federal law and the Uniform Code of
Military Justice (UCMJ). Further, as part of the federal law enforcement community, I
expect Coast Guard personnel to maintain a lifestyle that neither condones the use of
illegal substances nor exposes them to accidental intake of illegal drugs. Finally, illegal
drug use and involvement with activities, events, or entities that promote illegal drugs
are contrary to our Service’s core values.
2. Federal Law. Despite legalization in several states, the use, possession, and distribution
of marijuana remains prohibited under federal law, including REF (A). Knowingly being an
owner, operator, vendor, or direct investor for a marijuana business is also illegal under
the UCMJ, even where permitted by state or local laws. Participation in or close association
with marijuana growth or distribution commercial enterprises, including assisting or
encouraging these commercial enterprises, is also a violation of the UCMJ.
3. General Order. Coast Guard military personnel are prohibited from knowingly visiting,
entering, remaining in, or patronizing or otherwise conducting any kind of business with
any establishment whose primary and prominent purpose is the growth, manufacture, sale or
distribution of marijuana or Tetrahydrocannabinol (THC) products in any form for either
medical or recreational purposes that violate federal law. This prohibition applies to
fixed locations, mobile dispensaries, and online or delivery services. This prohibition
does not extend to medical facilities or pharmacies distributing U.S. Food and Drug
Administration-approved prescription medications containing THC or cannabidiol. This
prohibition preserves good order and discipline and ensures the health and mission
readiness of all Coast Guard military personnel. This paragraph is a punitive General
Order that applies immediately at all times. This General Order will be reflected in a
future update of REF (B), which will be released within the next year. Any violation,
attempted violation, or solicitation of another member to violate this order may result
in administrative and/or disciplinary action under the UCMJ for violation of Article 92
(failure to obey a lawful general order). Violation of a general order under Article 92,
UCMJ, carries a maximum punishment of two years confinement, total forfeitures of pay and
allowances, reduction to E-1, and a dishonorable discharge or dismissal.
4. Drug-Free Federal Workplace. Executive Order 12564 requires all federal employees to
refrain from the use of illegal drugs; provides that the use of illegal drugs by federal
employees, whether on or off duty, is contrary to the efficiency of the service; and
persons who use illegal drugs are not suitable for federal employment. Because marijuana
remains a Schedule I controlled substance under federal law, involvement with marijuana
growing or distributing could negatively impact a suitability determination for continued
federal employment. Involvement with such activities and establishments may also have an
impact on military and civilian security clearances.
5. Upholding our Core Values. It is contrary to our Core Values and our role as a federal
law enforcement agency to participate in any event or with any entity that sells, promotes,
celebrates, encourages, or seeks to further the use of marijuana and illegal THC-based
products. Doing so could have negative career consequences and potentially expose our
members to criminal liability. I am relying on Commanding Officers to implement the General
Order as well as my Commander’s Intent. Further, I am relying on each and every member of
the Coast Guard to ensure that their conduct upholds our Core Values.
6. Unit Commanders, Commanding Officers, Officers-in-Charge, and supervisors at all levels
must publish this ACN to all hands.
7. Point of Contact: For questions regarding the Military Drug and Alcohol Policy, contact
COMDT (CG-1331) at HQS-PolicyandStandards@uscg.mil. For questions regarding UCMJ matters,
contact CAPT Vasilios Tasikas (CG-LMJ), 202-372-3806, or Vasilios.Tasikas@uscg.mil.
8. Released by ADM K. L. Schultz, Commandant.
9. Internet release is authorized.