Are marijuana-smoking retirees between a rock and a hard place? The UCMJ applies to retired regulars drawing retired pay and retired reservists receiving hospitalization from an armed force. See art. 2(a)(4)-(5), UCMJ. With some states allowing marijuana use (and non-prosecution policies from the Justice Department under federal law), how likely is it that retirees will be prosecuted under military law? Stars and Stripes has this to say.