With shifting attitudes toward marijuana and increasing state-level legalization, many veterans find themselves at a crossroads—discharged from the military for cannabis use but seeking a fresh start. At National Security Law Firm, we understand the impact a less-than-honorable discharge can have on your future, and we’re here to fight for your right to a discharge upgrade.

How Does Marijuana Use Affect Military Discharges?

The U.S. military maintains strict drug policies, and historically, service members caught using or possessing marijuana have faced nonjudicial punishment (NJP), administrative separation, or even court-martial. The type of discharge given depends on several factors, including:

  • Whether the offense was a one-time mistake or part of a pattern of misconduct
  • The member’s overall service record and performance
  • Any mitigating factors, such as medical conditions, PTSD, or service-related trauma

A General Under Honorable Conditions (GEN) or Other Than Honorable (OTH) discharge due to marijuana use can have lasting consequences, affecting VA benefits, job opportunities, and security clearances.

Can You Get Your Discharge Upgraded?

Yes—if you were discharged due to marijuana use, there is a strong case for seeking an upgrade to an Honorable discharge based on evolving policies, medical considerations, and evidence of post-service rehabilitation.

Key Arguments for a Successful Discharge Upgrade:

  1. Shifting Federal and State Policies:
    • While marijuana remains illegal at the federal level, its widespread decriminalization across the U.S. demonstrates a clear shift in how the public and policymakers view cannabis use.
    • The military itself has adjusted its stance in some ways, including allowing waivers for certain applicants with past marijuana use.
  2. Medical and Mental Health Considerations:
    • Many service members used marijuana to self-medicate for PTSD, chronic pain, or other service-related conditions, often before seeking formal treatment.
    • The DoD and VA now recognize PTSD and traumatic brain injuries (TBI) as mitigating factors when reviewing past conduct.
  3. Post-Service Rehabilitation and Character Evidence:
    • If you can show that you have maintained a clean record, pursued education or employment, and demonstrated positive contributions to your community, this strengthens your case.
    • Letters of support from family, employers, and community leaders can be powerful evidence.

How the Discharge Review Board (DRB) and Board for Correction of Military Records (BCMR) Work

Discharge Review Board (DRB)

  • Reviews applications for upgrades to an Honorable discharge and changes to the reason for separation.
  • Must apply within 15 years of discharge.
  • Can grant upgrades based on equity (fairness) and propriety (correct application of law/policy).

Board for Correction of Military Records (BCMR)

  • If the DRB denies an upgrade, the BCMR is the next step.
  • Can review requests beyond 15 years but requires compelling evidence of injustice.

Why Choose National Security Law Firm?

At National Security Law Firm, we don’t just process discharge upgrade requests—we build strategic, aggressive cases designed to win. Our team of former military lawyers understands the nuances of military justice and what it takes to persuade review boards to grant upgrades.

📌 Our approach includes:
✔️ Reviewing your complete military record for procedural errors or inconsistencies.
✔️ Crafting compelling legal arguments based on evolving marijuana policies.
✔️ Submitting strong evidence, including medical and character references.
✔️ Preparing you for hearings or written submissions to maximize your chance of success.

Take Control of Your Future

If a past marijuana-related discharge is holding you back, you don’t have to accept it. An upgraded discharge can open doors to VA benefits, better job prospects, and the recognition you deserve for your service.

🔹 Let’s fight for your second chance. Call National Security Law Firm today at 202-600-4996 or book a free consultation here.

📖 Want to learn more?

Learn more about the cost of hiring a military discharge upgrade lawyer here and check out our Comprehensive Guide on Discharge Upgrades here.

Additional Resources

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At National Security Law Firm, it’s our turn to fight for you. ⚔️