​PROHIBITION ON THE USE OF HEMP PRODUCTS UPDATED

UNCLASSIFIED//

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ALNAV 074/20

MSGID/GENADMIN/SECNAV WASHINGTON DC/-/JUL//

SUBJ/PROHIBITION ON THE USE OF HEMP PRODUCTS UPDATED//

REF/A/ALNAV/SECNAV/069/20//
REF/B/DOC/DOD/FEB 20//
REF/C/DOC/SECNAVINST/APR 19//

NARR/REF A IS ALNAV 069/20 PROHIBITION ON THE USE OF HEMP PRODUCTS UPDATED.  
REF B IS OFFICE OF UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS 
MEMORANDUM/ ADOPTION OF PUNITIVE GENERAL ORDERS TO ADDRESS USE OF HEMP 
PRODUCTS 26 FEB 20.  REF C IS SECNAVINST 5300.28F MILITARY SUBSTANCE ABUSE 
PREVENTION AND CONTROL//

RMKS/1.  Reference (a) is superseded by this ALNAV.

2.  On December 20, 2018, the President signed into law the Agriculture 
Improvement Act of 2018, removing industrial hemp from the Controlled 
Substances Act (21 U.S.C.  802(16)) and excluding from the definition of 
marijuana those hemp products containing up to 0.3 percent 
tetrahydrocannabinol (THC) on a dry weight basis.  THC in marijuana and in 
those hemp products containing more than 0.3 percent THC remain illegal.

3.  Due to this change in the law, new hemp products are commercially 
available in the United States, the normal use of which could cause a 
positive urinalysis result.  The United States Food and Drug Administration 
(FDA) does not determine or certify the THC concentration of commercially 
available hemp products, such as cannabidiol (CBD).  Accordingly, these 
products may contain appreciable levels of THC, yet omit any reference to THC 
on the product label and/or list an inaccurate THC concentration.  
Consequently, Sailors and Marines cannot rely on the packaging and labeling 
of hemp products in determining whether the product contains THC 
concentrations that could cause a positive urinalysis result.

4.  Substance misuse by members of the Armed Forces is incompatible with 
military standards of good order and discipline, performance, and operational 
readiness.  It is the goal of the Department of the Navy (DON) to eliminate 
substance abuse.  The use of products containing, made, or derived from hemp, 
including CBD, may interfere with the DON Drug Detection and Deterrence 
Program and result in the reporting of unlawful levels of THC in Sailors and 
Marines.  In order to ensure military readiness and the reliability and 
integrity of the Program, the knowing ingestion (orally, intravenously, 
through smoking/vaporization, absorption of transdermal or topical 
applications, or through other means) of products containing, or products 
made or derived from, hemp is prohibited IAW references (b) and (c).  This 
ALNAV is a lawful general order that is effective immediately without further 
implementation and is applicable to all DON personnel.  The prohibitions in 
paragraph (5) below are general intent offenses.  This means that a violation 
of this ALNAV occurs whenever a Service Member intends to use any product 
made or derived from hemp, as prohibited in paragraph (5), regardless of the 
Service Member's intended consequences of that use (e.g., mental or physical 
effects).  Any violations of this general order are subject to adverse 
administrative actions and/or disciplinary action under the Uniform Code of 
Military Justice.

5.  Effective immediately:
    a.  Sailors and Marines are prohibited from using any product made or 
derived from hemp (as defined in 7 U.S.C.  1639o), including CBD, regardless 
of the product's THC concentration, claimed or actual, and regardless of 
whether such product may lawfully be bought, sold, and used under the law 
applicable to civilians.  "Use" means to inject, ingest, inhale, or otherwise 
introduce into the human body.  "Use" includes the use of hemp products 
designed to penetrate through the skin layer, including but not limited to 
transdermal patches.  "Use" also includes the use of topical products 
containing hemp, such as shampoos, conditioners, lotions, lip balms, or 
soaps.
    b.  This prohibition does not apply to use pursuant to legitimate law 
enforcement activities, by authorized personnel in the performance of medical 
duties, or without knowledge that the product was made or derived from hemp, 
including CBD, where that lack of knowledge is reasonable.
    c.  This prohibition also does not apply to the ingestion, consumption, 
or use of cannabinoid formulations approved as drugs by the FDA for which the 
Service Member has a valid prescription, such as Dronabinol (Marinol, 
Syndros) and cannabidiol (Epidiolex).  A prescription will be deemed valid if 
issued by the Service Member's assigned Department of Defense approved 
medical service provider or a civilian medical professional whose care the 
Service Member was referred or directed to seek.
    d.  This prohibition also does not apply to the use of durable goods 
containing hemp, such as rope or clothing.

6.  The primary point of contact for this message is Assistant Secretary of 
the Navy, (Manpower and Reserve Affairs), Drug Demand Reduction Program.
    a.	 For United States Marine Corps Commands:  Mr. Eric Hollins,
eric.c.hollins@usmc.mil or by phone at (703) 784-9526.
    b.	 For Navy Commands:  Ms. LaNorfeia Parker, 
Lanorfeia.parker@navy.mil,
or by phone at (901) 874-4900.

7.  This ALNAV is effective immediately and shall remain in effect until 
superseded or cancelled, whichever comes first.

8.  Released by the Honorable Kenneth J. Braithwaite, Secretary of the 
Navy.//

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