CHAPTER 4
OPNAVINST 5350.4E 28 Mar 2022
4-2 (3) Other Substance Misuse. The wrongful use, possession, manufacture, distribution, importation into the customs territory of the United States, exportation from the United States and introduction onto an installation, vessel, vehicle or aircraft used by or under the control of the Armed Forces, by persons in the DON, of controlled substance analogues (designer drugs), illicit use of anabolic steroids or anabolic agents, products containing synthetic cannabinoids (e.g., spice), natural substances (e.g., fungi, excretions, plant substances such as salvia divinorum) or a prescribed or over-the-counter drug or pharmaceutical compound, with the intent to induce or enable intoxication, excitement or stupefaction of the central nervous system, are prohibited and will subject the violator to punitive action under reference (b) or adverse administrative action or both. Although not illegal to possess, using chemicals (e.g., rubbing alcohol, ethanol) and propellants and inhalants (e.g., canned air, nitrous oxide) illicitly for purposes other than what they are intended with the intent to induce or enable intoxication, excitement or stupefaction of the central nervous system is prohibited. Violators must also be subject to punitive action under reference (b), adverse administrative action or both.
(4) Sailors are prohibited from knowingly using products made or derived from hemp (as defined in 7 U.S.C. § 1639o), including Cannabidiol, 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 knowing use of hemp products designed to penetrate through the skin layer, including but not limited to transdermal patches. This prohibition does not apply to the ingestion, consumption or application of cannabinoid formulations approved as drugs by the Food and Drug Administration 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 DoD approved medical service provider or a civilian medical professional whose care the Service Member was referred or directed to seek by DoD or as reported to command in line with reference (o) . This prohibition also applies to the use of topical products such as shampoos, conditioners, lotions or soaps.
(5) Deceptive Devices and Methods. Any intentional acts to avoid providing a urine sample when lawfully directed; to dilute a urine sample in an effort to reduce the concentration of compounds upon analysis; to substitute any quantitative value of that sample when confirmed by mass spectroscopy and gas or liquid chromatography; to substitute any substance for one's own urine; or to chemically alter, adulterate or modify one's own urine to avoid detection of any controlled substance or to assist another in attempting to do the same, are prohibited. Personnel violating this prohibition or withholding direct knowledge of others violating this prohibition may be subjected to punitive action under reference (b), adverse administrative action or both.
2. Urinalysis Testing Requirements.
a. COs must conduct an aggressive urinalysis testing program using NDSP, tailored as necessary to meet unique unit and local situations. Such tailoring may include, but is not limited
OPNAVINST 5350.4E 28 Mar 2022
4-3 to, grouping and organization of selection pools, test scheduling in support of mission requirements and selection of testing parameters within the constraints of subparagraph 2e. Collection must occur within 4 hours of notification and must be conducted per the methods detailed in the UPC Operating Guide.
b. All Navy AC, all reservists in an active duty or drilling status and individuals enrolled in NROTC and midshipmen programs are required to be included in a urinalysis testing program. Samples collected for urinalysis testing must only use accurate DoD identification numbers unless a waiver to utilize social security number is approved by DON, Chief Information Officer.
c. All active duty personnel, regardless of branch of service, are required to be included in the Navy urinalysis sampling program when assigned to a Navy activity. Commands must notify the parent Service of non-Navy personnel with drug positive results. Commands must forward urinalysis results to OPNAV N173 for appropriate action.
d. All Navy Service Members assigned to an activity in or supported by another Military Service must follow the urinalysis testing program for that Service. Other Service activities must forward all Navy positive results to OPNAV N173.
e. Mandatory Minimum Testing Requirements. Commands must ensure their urinalysis testing program meets the minimum requirements identified in subparagraphs 2e(1) through 2e(6):
(1) A minimum of four testing days per month using the random urinalysis (IR) premise code. Small commands (less than 50 personnel on board) are allowed to conduct random tests at a minimum of twice a month with Echelon 2 approval. Commands with approval from their Echelon 2 must provide a copy of the approval documentation to OPNAV N173.
(2) Commands are always required to test a minimum of 15 percent of assigned personnel per month (maximum of up to 40 percent). Commands must check with their appropriate ADCO for any additional echelon testing requirements. Exceeding 40 percent of assigned personnel is authorized in months where a unit sweep is conducted.
(3) Conduct an end of fiscal year unit or sub-unit sweep of any individuals not tested during the fiscal year to ensure all Navy personnel assigned to Navy UIC have been tested at least once annually. This does not count towards the IR requirements of subparagraph 2e(1). All (100 percent assigned) personnel on board at the end of the fiscal year must have been successfully tested at least once in the fiscal year.
(4) All newly reporting personnel must be tested within 72 hours of arrival or on the first normal duty day after arrival using the sub-unit sweep premise code (IU). This does not count towards the requirements of subparagraph 2e(1).
OPNAVINST 5350.4E 28 Mar 2022
4-4 (5) Samples that are not delivered to the laboratory or submitted and not tested do not count towards meeting minimum testing requirements.
(6) Telework Testing Requirements. Service Members who are authorized to telework are subject to the same drug testing policies prescribed for non-telework military members, regardless of telework location. Supervisors must control the daily or weekly telework plans of their military members to ensure they are not teleworking to avoid providing a sample in any way before, during or after the testing process.
(a) Service Members who telework 2 days or less per week may be placed in a TEMADD status if they are selected for urinalysis testing while teleworking. These members must be tested within 30 days under the IU by NDSP “Selected, but not tested” report.
(b) Service Members teleworking 3 days or more may be placed in a separate pool for testing under a IU at a minimum of once per quarter.
(c) Service Members selected to telework outside a 50 mile radius of the command may be tested with another DoD military command in the members’ teleworking area. A memorandum of understanding or memorandum of agreement must be established with the testing command.
1. Service Members must report to testing site within an hour of being notified.
2. Testing commands must notify the parent command when a selected teleworking member does not report for testing and of any positive test results.
3. Parent command of tested teleworking members are responsible for investigating and processing any positive test results.
4. Parent command must notify testing commands of any changes to include, but not limited to, further testing requirements, when member transfers or if member is removed from teleworking schedule.
f. Types of Urinalysis and Authority to Conduct. Each category of urinalysis is accompanied by a specific “premise code” which documents the cause for the sample to be collected. Premise codes and their applications are described further in the UPC Operating Guide.
(1) Search and Seizure. Results of urinalysis obtained in search and seizure actions may be used for any purpose, including loss of clearance eligibility, disciplinary action and characterization of service in separation proceedings. Further guidance concerning search and seizure actions is contained in reference (t), Military Rules of Evidence 311-312 and 314-316.
OPNAVINST 5350.4E 28 Mar 2022
4-5 (a) Probable Cause Tests premise code. The CO or other officer with command authority may direct a urinalysis, in line with reference (t), Military Rules of Evidence 312 and 315, whenever there is probable cause to believe a member has committed a drug offense and a urinalysis will produce evidence of such offense. Member's declaration of drug use constitutes probable cause to suspect an offense has been committed. Determination of probable cause is best done in consultation with legal counsel.
(b) Member Consent Tests VO. Service Members suspected of having wrongfully used drugs may be requested to consent to urinalysis. Prior to requesting consent, a command representative should advise member they may decline to provide the sample. Where practicable, consent should be obtained in writing, but it is not required. In line with reference (b), article 31(b) warnings are not normally required in such cases, provided no other questioning of the member takes place. Further guidance concerning consent searches is contained in reference (t), Military Rule of Evidence 314 and its analysis.
(2) Inspections under reference (t), Military Rule of Evidence 313. Results of urinalysis inspections may be used for any purpose, including loss of clearance eligibility, disciplinary action and characterization of service in separation proceedings. Further guidance concerning inspections is contained in reference (t), Military Rule of Evidence 313. COs may order urinalysis inspections just as they may order any other inspection to determine and ensure the security, military fitness and good order and discipline of the command. Commands may use any method of selecting personnel or groups of Service Members for urinalysis inspection, including, but not limited to:
(a) IR. Random testing of command personnel must be conducted as required by subparagraph 2e(1) of this chapter.
(b) IU. A unit sweep is a testing of the entire unit, activity or command. Commands are encouraged to implement unit sweeps as an additional detection and deterrence tool and are authorized a maximum of five per year. A sub-unit sweep is a testing of a clearly defined sub- unit or group as described in subparagraphs 2f(2)(b)1 through 2f(2)(b)3:
1. Sub-unit Sweep. A sub-unit sweep is an optional test of a portion of the unit or command (e.g., a watch section, newly reporting personnel, personnel returning from Absence Without Leave, specific division or department, high risk population). Care should be exercised to ensure sub-unit sweeps are not designed or used to target a specific individual.
2. End of Fiscal Year Sub-Unit Sweep. In line with subparagraph 2e(3) of this chapter, an end of fiscal year sub-unit sweep to sample individuals not tested during the fiscal year is mandatory. With limited exception, 100 percent of Navy personnel still in the Navy as of 30 September should have been tested at least once during the corresponding fiscal year. Only samples that have been successfully reported with a positive or negative result count towards this requirement. End of year testing is described further in the UPC Operating Guide located at
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4-6 https://mynavyhr.navy.afpims.mil/Support-Services/21st-Century-Sailor/Drug-Detection- Deterrence/Guides/.
3. Sub-unit sweeps do not count towards the annual maximum allowance for unit sweeps.
(c) Accession Training Pipeline premise code. All students reporting to apprentice training and "A" schools or first module of other training, subsequent to completion of recruit training, must undergo urinalysis testing within 2 weeks of reporting to training (sub-unit sweep premise code). "C", "F" and "T" course type students who are scheduled to attend 21 or more days of training must be tested within two weeks of reporting for training. COs of "A" schools, apprentice training and officer students in warfare or staff specialty entry schools are authorized to exceed urinalysis quotas.
(d) Special Programs and Communities premise code (OO). Special programs and communities (e.g., submarines, PRP, nuclear propulsion program, aviation, medical, diving and special warfare) may set additional substance misuse testing guidance as appropriate to meet specific program needs.
(e) Fitness for Duty Testing premise code (CO). This testing is an examination or referral of a specific member to determine member's competence for duty, in line with reference (u). Results obtained from urinalysis conducted within this category may NOT be used for disciplinary purposes or as a basis for characterization of service in separation proceedings. Additionally, such results may not be used as a basis for the vacation of the suspension or execution of punishment imposed in line with reference (b), article 15 or as a result of courts- martial. Such results MAY, however, be used as a basis for ADSEP or for impeachment or rebuttal in any proceeding in which evidence of drug misuse (or lack thereof) has been first introduced by the member.
(f) Mishap Investigation Tests premise code (AO). A CO or investigating officer may order urinalysis in connection with any formally convened mishap or safety investigation for the purpose of accident analysis and development of countermeasures. Results of positive tests may not be used for punitive action against the member. Positive tests for drug misuse mandate ADSEP processing and possible loss of clearance eligibility, but may NOT be used in determining characterization of service.
(g) Medical Examination premise code (MO). Examination ordered by medical personnel for a valid medical purpose under reference (t), rule 312(b), including emergency medical treatment, periodic physical examination and other such medical examinations as are necessary for diagnostic or treatment purposes.
(3) Service-directed Testing. The categories of inspections identified in subparagraphs 2f(3)(a) through 2f(3)(c) must be conducted in line with this instruction. Testing treatment
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4-7 clients, prisoners, detainees and entrance testing at greater frequencies and proportions than prescribed for other commands is authorized.
(a) Treatment Facility Clients premise code. Service Members who are attending treatment at a SARP facility must undergo urinalysis as a deterrent to their use of drugs.
(b) Brig Prisoners and Detainees premise code (OO). Testing is mandatory for all prisoners and detainees to detect the presence of drug use in these controlled areas.
(c) Entrance Testing premise code (NO). The individuals identified in subparagraphs 2f(3)(c)1 through 2f(3)(c)5 must undergo drug testing:
1. Candidates for all officer programs must be tested during pre-commissioning physical examinations and may also be tested as required by cognizant unit commanders.
2. Recruit Training Command (RTC) Great Lakes will conduct urinalysis of every recruit within 72 hours of arrival. Normally, urinalysis will occur within the first 24 hours of arrival, in line with reference (f).
3. Prior service personnel recalled to active duty (other than Active Duty for Training) must be tested and evaluated within 72 hours following re-entry.
4. Prior service applicants for selected reserve enlistments or reenlistments must be tested and evaluated in conjunction with their enlistment or reenlistment physical.
5. Active duty and Selected Reserve prior service applicants separated due to drug misuse or who have an unresolved positive are disqualified for enlistment or commission eligibility.
3. Utilization of Positive Urinalysis Results. Only confirmed urinalysis results from a DSL or other DoD-certified laboratory will be used to refer a military member for administrative and disciplinary action or to establish a basis for separation and characterization of service in separation proceedings, in line with reference (c) (article 1910-146 for enlisted members and article 1920-210 for officers).
4. Custody and Management of Test Documentation and Samples.
a. DSLs should retain all testing and chain of custody documentation; 3 years for positive samples and 1 year for negative samples.
b. DSLs may discard negative samples immediately after testing.
OPNAVINST 5350.4E 28 Mar 2022
4-8 c. DSLs must retain positive samples in frozen storage for 1 year, unless requested to retain the specimen due to pending legal or administrative proceedings.
d. If a test result is to be used in a courts-martial or administrative proceeding and the trial or proceeding cannot be completed within 1 year from date of positive test results, the command responsible must request an extension of the 1 year retention from the DSL that performed the test(s). The DSL must extend sample retention as required. When urinalysis results are used as evidence in a general or special courts-martial, the command should consult with the trial counsel to determine when the laboratory may discard the positive sample.
5. Testing Devices. In line with reference (v), use of field-testing, hand-held or point of collection testing devices are not authorized for any testing. All urinalysis testing must be conducted at a DoD DSL or a DoD-certified laboratory.
6. Determination of Drug Misuse.
a. A report of a positive drug test result from a DoD DSL or a DoD-certified laboratory is considered forensic evidence that drug(s) or drug metabolite(s) are present in the urine.
b. COs must investigate a positive drug result to assist in determining if the member's positive sample was the result of authorized or legitimate or wrongful or illegitimate use. Positive results received for a member either not assigned to the testing command or transferred requires the testing command notify the member’s parent or gaining command for resolution.
c. Navy’s MRP is managed by OPNAV N173 to ensure all prescription drug positive results are appropriately resolved as authorized or legitimate or wrongful or illegitimate use and no adverse disciplinary action is administered to those whose positive drug test is the result of authorized or legitimate prescription drug use.
d. All prescription positive results must be resolved through the Navy’s MRP. This process will determine if the positive result could be from medically authorized drug use, detailed guidance is provided in the MRP Operating Guide located at https://mynavyhr.navy.afpims.mil/Support-Services/21st-Century-Sailor/Drug-Detection- Deterrence/Guides/.
e. Upon receipt of a positive result potentially caused by the use of prescribed drugs or medical procedure, the command will initiate an investigation into the circumstances that led to the positive result and obtain a technical review from the servicing DSL forensic toxicology expert. Specific document requirements to obtain a technical review from the servicing DSL may include providing substantiating prescription records (including the date of the prescription) and specimen-specific information.
OPNAVINST 5350.4E 28 Mar 2022
4-9 f. OPNAV N173 Review Officer (RO) must review all drug positive urinalysis results to assess authorized or legitimate use or wrongful or illegitimate use within 90 days of notification of a positive result. The RO will make a determination through review of all submitted documents and available records, such as documentation from the command-level investigation, prescriptions documented in electronic health record systems, hard copy medical records, prescription bottles or physician statements documenting drugs administered during medical or dental procedures.
g. Authorized or legitimate use is defined as a Service Member who:
(1) Has a valid prescription for a medicine that was dispensed no more than 180 days prior to the collection event and for a medication that could cause the positive urinalysis result reported.
(2) Has a valid medical explanation, such as a documented medical procedure, which required use of a drug that could cause the positive urinalysis result reported.
h. Unauthorized or wrongful use is defined as a Service Member who:
(1) Does not have a valid prescription or medical explanation for a drug that could cause the positive urinalysis result reported.
(2) Used a prescription medication that was not prescribed to the member. Service Members are responsible for any medication they ingest (e.g., received from a family member, friend, co-worker, etc.).
(3) Used a substance or product containing an illicit controlled substance restricted from import and use by the United States.
i. For the purpose of this instruction, a prescription is valid for the period as written by the prescribing authority to only the Service Member. Absent a specified time period when prescribed, prescriptions for substances included on Schedules II through V of Section 812 of Title 21, United States Code, will be considered expired six (6) months after the most recent date of filling, which is indicated on the label. For example, a prescription with a fill date of August 14th will be considered expired after February 14th of the following year.
j. To reduce confusion and promote the principles of high reliability, the guidelines identified in subparagraphs 6j(1) through 6j(3) must be implemented based on acute, subacute and chronic categories of medical and surgical conditions:
(1) Acute Conditions. For acute medical conditions and routine post-operative care requiring the prescribing of controlled substances, a notation on the prescription’s directions for use must limit it to no more than 30 days after the date the prescription was written and must be
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4-10 tailored to expected pain condition. The patient must be informed on the prescription to return any unused medications to an authorized MTF drug take back center. Use by a Service Member after that date without subsequent follow-up permitting continued use constitutes inappropriate use of the medication. Service Members will be required to have an appropriate follow up appointment prior to being issued a refill of the controlled substance or the issuance of another controlled substance.
(2) Sub-acute Conditions. Occasionally patients have low level or subacute, conditions that benefit from limited use of controlled substances. These patients require a controlled substance agreement as outlined in references (w) and (x). These stable patients must be able to receive a supply of medication not exceeding 1 month in quantity, but may be used on an as needed basis up to one year. A notation on the prescription’s directions for use must limit it to no more than 12 months after the date the prescription was written. The patient must be instructed on the prescription label to return any unused medications to an authorized MTF drug take back center. These patients must be seen in-person by their prescriber, at a minimum, every 12 months. While such patients require occasional use of controlled substances, those with chronic pain conditions should undergo evaluation and treatment that minimizes the use of controlled substances and optimizes the use of multimodal therapies, such as, but not limited to, non-steroidal anti-inflammatory medications, adjunct pain medications, behavioral health and physical therapy.
(3) Chronic Conditions. A small subset of patients qualify as chronic users of controlled substances due to on-going medical conditions. These patients require a controlled substance agreement as outlined in references (w) and (x). A notation on the prescription’s directions for use must limit it to no more than 12 months after the date the prescription was written. The patient must be instructed on the prescription label to return any unused medications to an authorized MTF drug take back center. Due to the high risk presented by many of these patients, prescribers must reinforce patient requirements that these medications must be taken as prescribed, to avoid potential adverse effects from self-adjusting the medication. While such patients require continuous use of controlled substances, those with chronic pain conditions should undergo evaluation and treatment that minimizes the use of controlled substances and optimizes the use of multimodal therapies, such as, but not limited to, non-steroidal anti- inflammatory medications, adjunct pain medications, behavioral health and physical therapy.
k. OPREP-3 reports are not required when commands are notified of drug positive results by any DSL via the iFTDTL portal. All other means of notification of drug misuse allegations require OPREP-3 and DAR submission. A DAR submission is not required if the member’s positive urinalysis is cleared as a result of proper use of prescription medication by OPNAV N173 via the MRP. Positives found to be the result of an authorized prescription and supported by MRP will be annotated in ADMITS and iFTDTL by OPNAV N173.
l. All cases of illegitimate or wrongful use must be processed for ADSEP or board of inquiry. All Service Members who have committed illicit, prescription or other drug misuse as
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4-11 defined in this instruction must be processed for ADSEP. Board results are to be sent to PERS- 83 for final disposition.
m. Unknowing (innocent) ingestion is the introduction of illicit, prescription or other drugs to a member’s body without knowledge or consent by the member. For the purpose of this instruction, taking someone else’s medication is not considered unknowing or innocent. All cases of unknowing ingestion must be reviewed at an ADSEP board or board of inquiry. See the Resources Operating Guide located at https://mynavyhr.navy.afpims.mil/Support-Services/21st- Century-Sailor/Drug-Detection-Deterrence/Guides/ for sample determination of positive urinalysis letter and procedures.
n. Service Members must maintain a copy of all health care and prescribed medications in their medical records when receiving medical services outside of an MTF. All personnel must report prescription medications prescribed outside of a MTF within 10 days of dispensing, including dental procedures.
7. Command Administrative Actions.
a. Service records of all members who engage in or are identified as being involved in drug misuse must be flagged by OPNAV N173 to prevent reenlistment or transfer until resolved. Member must also be screened to determine whether the criteria for a substance use disorder is met, disciplined as appropriate and processed for ADSEP. NROTC and USNA midshipmen are prohibited from enlistment or commission with an unresolved positive urinalysis result until the positive result is adjudicated. NROTC and USNA midshipmen with confirmed drug positives as a result of drug misuse are permanently disqualified for enlistment or commission eligibility. See reference (c) for enlisted members and reference (d) for officers to obtain a detailed review of the policies, standards and procedures for ADSEP of Service Members from the Navy.
b. Violation of this instruction may subject Service Members to disciplinary action under reference (b), including violation of article 92 (Failure to Obey a Lawful Order) and article 112a (Wrongful Use, Possession, etc., of Controlled Substances) or adverse administrative action or both.
c. Drug misuse, including documented attempts to defeat drug testing, is a disqualifying factor for security clearance eligibility and must be reported to the security manager.
d. Commands must provide a monthly update to OPNAV N173 as detailed in the Medical Review Operating Guide for each wrongful or illegitimate use drug positive case until a final decision has been determined.
e. Disciplinary or separation action determination is based on the type of premise code used per reference (v) and in line with reference (t), Military Rule of Evidence 312 as applicable.
OPNAVINST 5350.4E 28 Mar 2022
4-12 f. Drug Misuse Self-Referral Policy.
(1) All Navy personnel who self-refer for drug misuse to a qualified self-referral agent (as listed in chapter 3 subparagraph 3a(2) of this instruction) must be screened for a substance use disorder at an appropriate medical facility by either a medical officer or LIP.
(2) Personnel who self-refer and who are determined to meet criteria for a substance use disorder must be considered valid self-referrals and are exempt from any disciplinary action. Valid self-referrals, however, must be processed for ADSEP and offered rehabilitation treatment prior to separation. Any member who self-refers for treatment and subsequently refuses treatment will be immediately processed for ADSEP. Immediate processing for ADSEP will not be delayed for treatment purposes.
(3) Personnel who do not meet criteria for a substance use disorder are not valid self- referrals and will NOT be exempt from disciplinary action. In such cases, COs must take one of these actions:
(a) If member tests positive and does not meet criteria for a substance use disorder, commands must initiate disciplinary action as appropriate and process member for ADSEP.
(b) If member tests negative and does not meet criteria for a substance use disorder (e.g., member's admission is an attempt to avoid sea duty or transfer), commands must initiate disciplinary action as appropriate and return member to full duty or process for ADSEP.
(4) Any Service Member who self-refers for a possible drug related disorder after notification of the requirement to submit or the actual submission of a urine sample for analysis under any testing premise is ineligible for exemption from disciplinary action under the self- referral program.
(5) Notwithstanding a Service Member's valid self-referral, appropriate disciplinary or administrative action (including separation under other than honorable conditions) may be taken against the member for drug misuse occurring either before or after self-referral, if detection of such misuse is based upon independent evidence.
(6) Service Members who self-refer for a possible substance use disorder due to authorized prescription medication may be retained on active duty, provided the command notifies, using official correspondence, OPNAV N173 via their appropriate echelon commander. Any member retained on active duty following treatment for drug related substance use disorder will undergo monthly random drug testing for one year following their most recent discharge from a treatment program in line with reference (u).
(7) Personnel assigned to the submarine and nuclear propulsion program may be suspended or decertified in line with reference (m). Personnel assigned to the PRP may be
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4-13 suspended or decertified in line with reference (n). For special programs and communities such as submarines, nuclear propulsion program, aviation, medical, diving and special warfare, the cognizant community manager must be consulted for guidance regarding suspension, decertification and reinstatement.
g. Retests. The Service Member, the member's legal representative, the submitting unit commander, a military judge or an attorney representing the submitting unit, may request a retest of a sample within the restrictions of reference (f), section (4). All requests must be forwarded through the submitting unit or trial counsel to OPNAV N173 for approval. OPNAV N173 will send approved request to the DSL that reported the result.
(1) A specimen may be retested at the DSL that confirmed and reported the positive result or the specimen may be sent to another DoD-certified DSL or the Armed Forces Medical Examiner System laboratory for retesting.
(2) Samples may be retested only for the drug which was previously identified to be positive and only to confirm the presence of the reported drug or drug metabolite. On a retest, the drug does not need to quantify above the DoD confirmation cutoff concentration, but only requires the drug to quantify at or above the DSL's established limit of detection.
(3) A specimen may be sent to a Department of Health and Human Services certified commercial laboratory for retest at the member’s expense, if the requirements in reference (f) section (4) are met.
(4) The DSL must obtain authorization from OPNAV N173, the submitting unit commander or military judge if sending a specimen for retest would result in less than 10 milliliters remaining for any additional retest purposes in line with reference (f).
(5) Retesting a sample for the use of DNA testing as a means of identity attribution is discouraged. However, in the event of an approved request, the following guidelines must be met:
(a) Testing must be conducted at a reputable and approved DoD lab that has done forensic DNA extractions.
(b) A hormone profile must be obtained for the specimen in question and from a second, observed collection.
(c) A non-finding is not a negative finding. Navy and Marine Corps collection procedures and DoD and DON drug testing laboratory procedures are not designed to prevent contamination by "foreign" (non-donor) DNA.
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4-14 8. Pre-service Use of Drugs.
a. Policy. Those persons who currently meet diagnostic criteria for a substance use disorder related to drugs other than alcohol and persons whose pre-service drug misuse indicates a tendency to continue misuse, must not be permitted to enter the Navy. Recruiting procedures must include positive measures to identify and screen out individuals who indicate a tendency of continual drug misuse at the point of application for enlistment appointment or commission. Any Navy applicant must test negative for drugs and alcohol, including such testing at Military Entrance Processing Stations (MEPS), prior to entering active duty or the reserve component. When Navy applicants test positive for only THC and no other drug on the testing panel, the applicant is not eligible for entrance to the Navy for a period of 90 days from the date of test administration at MEPS, but may return for subsequent drug test and MEPS processing on the 91st day. The applicant must test negative for all testing panel drugs on the subsequent test and a MEPS-directed or Navy-directed medical provider, at their discretion and based upon their level of suspicion of substance misuse, must refer the applicant for psychiatric or behavioral health consultation to document that the individual does not meet criteria for SUD prior to entrance to the Navy. Any applicant who tests positive on the subsequent test is permanently disqualified from military service per reference (f).
b. Guidelines for Acceptance. Despite pre-service drug use, individuals may possess potential for future productive service. COMNAVCRUITCOM must establish procedures within the guidelines of references (h) and (o) to grant enlistment eligibility waivers to applicants with a past history of drug misuse. Individuals convicted of a drug-related offense are processed within the same guidelines developed by COMNAVCRUITCOM for processing applicants with other types of criminal convictions.
c. Special Programs. Program sponsors may establish special acceptance criteria for entry in programs such as submarines, Nuclear Propulsion Program and Nuclear Weapons PRP, provided the special acceptance criteria does not violate general acceptance policy established in references (m) and (n).
d. Characterization. An enlistment eligibility waiver cannot be used to characterize a discharge.
e. Mandatory Pre-service Statements of Understanding.
(1) Prior to induction, every officer and enlisted accession must be briefed on the objective of OPNAV 5350/1 or DD 1966 Record of Military Processing - Armed Forces of the United States and must be required to read and sign it. This statement describes Navy's zero tolerance policy for drug misuse, urinalysis procedures for detecting drug misuse and consequences if drug misuse is detected after entry.
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4-15 (2) COMNAVCRUITCOM, NETC and Superintendent, USNA must establish administrative procedures for executing OPNAV 5350/1. Statements are obtained from individuals reporting to RTC Great Lakes.
(3) The signed OPNAV 5350/1 must be filed in the member's electronic service record. Failure to file the statement does not preclude enforcement of Navy's drug policy.
(4) All enlisted Naval Nuclear Propulsion Program candidates must sign a nuclear field statement of understanding prior to enlistment in the program. The statement of understanding specifically states that continuation in the program is denied to any individual identified as a drug misuser, whether the misuse occurred before or after entry into active service. Applications for the Naval Nuclear Propulsion Program by officers, officer candidates and midshipmen who disclose pre-service marijuana use are reviewed in line with reference (m).
f. Post-enlistment Disclosure of Pre-service Drug Misuse. Commands must, on a case-by- case basis, evaluate personnel who admit to pre-service drug misuse after denying such misuse at the time of entry. COs may discipline those members, if appropriate and if the admission is credible, process for ADSEP by reason of fraudulent enlistment. Personnel who otherwise would have met acceptance criteria at induction may be retained with approval of the officer exercising general courts-martial authority.
9. Sacramental Use of Peyote by Native American Service Members.
a. Authorized Use. Use of peyote as a religious sacrament in connection with the bona fide practice of a traditional religion by Navy personnel, who are members of Native American tribes, as defined in reference (y), is authorized and must be accommodated. In addition to authorized ingestion of peyote, it may be possessed in amulet form, not for ingestion and such an amulet may be worn as an item of religious apparel subject to uniform regulations.
b. Command Notification. A Service Member who has used peyote in connection with a ceremony (allowed by reference (y)) must notify their commander upon return to duty after such use. Service Members may be required to notify the commander prior to use if, in the judgment of the commander, it is in the best interests of command readiness or safety.
c. Limitations. Peyote must not be used, possessed, distributed or introduced aboard military vehicles, vessels, aircraft or installations unless permitted by the cognizant commander.
(1) Commanders may impose additional limitations within the guidelines of reference (f) in order to maintain command readiness, unit cohesion, standards, safety, good order and discipline.
(2) Peyote must not be used on duty or within 24 hours before scheduled military duty.
OPNAVINST 5350.4E 28 Mar 2022
4-16 (3) Peyote must not be used, possessed, transported or distributed when such activity would violate international law or the laws of other countries.
(4) Managers of special programs and communities (e.g., submarines, nuclear propulsion program, aviation, medical, diving, special warfare and PRP) may impose additional limitations by supplemental instruction that are reasonable, necessary and consistent with the standards set forth in references (m) and (n).
OPNAVINST 5350.4E 28 Mar 2022
5-1 CHAPTER 5 POLICIES FOR THE RESERVE COMPONENT
1. Reservists are subject to the same policies and procedures prescribed for active duty Navy members, regardless of drilling location. Drilling reservists determined to have misused drugs must be processed for ADSEP.
2. Scheduled date of release to inactive duty must not preclude reservists on extended active duty from receiving appropriate level of treatment while on active duty. Date of release to inactive duty may be extended to complete appropriate level of treatment, if necessary. Member's aftercare program would then be completed while in an inactive duty status and monitored by the command responsible for the member serving on inactive duty.
3. Reservists (in an inactive duty status or on active duty orders of fewer than 30 days) must be screened by a SARP for alcohol or drug problems, to the maximum extent feasible. Screening of reservists is authorized if conducted at a military installation while in a drill or in an active duty status.
a. A SARP referral to Prime for Life early intervention program may be recommended and must be authorized on a non-pay, additional Inactive Duty Training (IDT) drill basis.
b. If a Service Member is diagnosed with a substance use disorder by a LIP using the current edition of reference (z), the member should receive treatment appropriate to diagnostic severity as determined by the LIP. Service Members should be counseled to seek required treatment through an accredited inpatient or outpatient treatment facility available to the member from civilian resources.
(1) Use of military treatment facilities is authorized. However, treatment at military facilities must be under individually prepared, permissive, letter-type orders. Orders must clearly set forth the fact that pay, allowances and retirement points are not authorized.
(2) Government transportation, including use of the aeromedical evacuation system (where available) is authorized. If government transportation is not available or member desires to use other than government transportation, such transportation will be at the member's own expense and not subject to reimbursement.
c. If a reservist is diagnosed with an alcohol-use disorder and treatment is not available, the command must maintain the member in an enhanced, command-level program and must counsel the member to seek appropriate treatment through available civilian resources.
4. Failure to comply with an ordered treatment plan or treatment failure reflects negatively on member's potential for continued useful service and requires processing for ADSEP and possible loss of clearance eligibility.