Following a recommendation by High Court Chief Justice Esther Hayut, the IDF judiciary announced on Tuesday a new reform that would equate the punishments of officers and non-commissioned officers (NCOs) to those of other soldiers, Walla News reported.
The decision means that officers and NCOs would no longer necessarily be at risk of criminal charges if they smoke cannabis on leave, and would have the option to receive a plea deal, as other soldiers have been entitled to receive in recent years.
The decision comes as a result of a September High Court case, in which Hayut recommended that the policy which bars officers and NCOs from receiving plea deals as other IDF soldiers are entitled to should be reexamined.
The case was an appeal by an officer which an NCO who was indicted by the IDF Judiciary after admitting to smoking cannabis three times, while on leave.
On Tuesday, the IDF judiciary announced that Chief Military Advocate General Gen. Sharon Afek has recommended that the policy be changed.
According to the report, some of the factors which will be taken into account for plea deals include whether it is an NCO or an officer, the nature of their service, whether they will be willing to voluntarily terminate their service, and the circumstances in which that soldier used the drug.
For example, a soldier who is on leave, but is also on standby to be called for military action at the time, would likely still not receive a plea deal.
Since cannabis was partially decriminalized in 2018, plea deals have begun to enter the military judiciary's lexicon.
Some soldiers who would have previously received indictments have been allowed to ask for arrangements in which soldiers who admit their wrongdoing and commit to certain terms be allowed to have their cases dropped completely and pay a fine instead.The decision by Hayut may signal optimism for those still hoping Israel will follow through on its promise to legalize recreational cannabis, which was unable to pass before the knesset dispersed for the March election, despite a large majority of support in the Knesset. The death of the proposed legalization legislation means that the law may be changed even during the election season through an appeal to the High Court itself, which dropped the last appeal once the government passed two draft laws to legalize and decriminalize recreational cannabis in the country.