ROCHESTER, N.Y. (WROC) — Active military service members who use recreational marijuana could be putting their positions at risk.

Recreational marijuana is now legal in New York State. Those 21 and up can now legally possess up to 3 ounces of cannabis. However Anthony Kuhn with Tully Rinckey says there are major consequences for services members who are caught smoking cannabis.

“For active military personnel despite the fact that state has legalized marijuana, the federal government doesn’t recognize that. The federal government believes that no. 1, marijuana is a highly addictive, schedule 1 drug and they believe that marijuana should not be legalized. They also believe an individual who uses marijuana should not possess or own a firearm.”

Kuhn added that if a service member test positive for marijuana or any other illegal substance, it violates the uniform code of military justice which is punishable by up to five years in prison.