Article 112-A. Misuse, possession, etc. of controlled substances (2023)

When it comes to illegal drugs, the US military has a zero tolerance policy. According to article 112a of the Uniform Code of Military Justice (UCMJ), anyone who improperly possesses, uses, manufactures, imports or distributes certain controlled substances can be subjected to court martial and face up to fifteen years in prison, among other charges.

Article 112-A of the Uniform Code of Military Justice

the text ofArticle 112 UCMJfully provides as follows:

• Any person subject to this chapter who uses, possesses, manufactures, distributes, improperly imports into the customs territory of the United States, exports from the United States, or imports into any facility, vessel, vehicle, or aircraft operated by or underutilized in the control of the armed forces, any substance described in subsection (b) will be punished by court-martial.
• The substances mentioned in letter a are the following:
• Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any of these substances.
• Any substance not listed in paragraph (1) and included in a list of controlled substances prescribed by the President for the purposes of this Section.
• Any other substance not specified in Section (1) or included on any list prescribed by the President under Section (2) included in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) .

Constituent elements of article 112 bis

As can be seen from the text above, the drug offenses of article 112a consist of the following two (and sometimes three) elements:

1. The defendant used, possessed, manufactured, distributed, imported, exported, and/or imported a controlled substance;
2. The defendants' actions wereunfair;mi
3. Possession, manufacture, or misuse of a controlled substance with the intent to sell must also show that the possession, manufacture, and/or introduction was with the intent to sell the controlled substance.

All elements of a crime must be proven beyond a reasonable doubt by the government.

An act is illegal if it is performed “without any legal justification or justification.” Illegality is presumed "unless proven otherwise." This means that the burden of proof falls on the soldier to show that his actions were not illegal. If the soldier presents evidence that he would prove that his conduct was not illegal, the government bears the burden of proving that the conduct was illegal.

RespectivelyCourt-martial manual, specific examples of actions that areNOillicit would be those carried out:

1. Pursuant to legitimate law enforcement activities (therefore, an informant possessing drugs as part of a sting operation is not in mispossession);
2. By authorized personnel in the performance of medical functions; I
3. Unnoticed by the smuggler of the controlled substance (ie, a person who has cocaine but mistakenly believes it to be sugar).

“Own” for the purposes of section 112a means exercising control over something. This can be done through direct physical custody, e.g. holding an object in the hand, or by a concept known as constructive possession, p. B. when a person puts an item in a safe or in a car where he can return to pick it up. Possession must be conscious and conscious. Therefore, a person cannot be convicted of possession of a controlled substance if he did not know that the substance was present and under his control. However, knowledge of the presence of a controlled substance may be derived from circumstantial evidence. While ownership includes the right to prevent others from controlling the item, it is also possible for more than one person to own something (for example, multiple people control an item).

In relation to “intent to disseminate”, this can also be inferred from circumstantial evidence, which may include: possession of more than likely for personal use; the market value of the substance; the way the substance is packaged; and/or whether or not the defendant is a drug user. Evidence that the military is addicted to or heavily uses the substance can be used to refute assumptions of intent to distribute.

Possible sanctions for violations of article 112a

Potential sanctions under Section 112a vary depending on: 1) the type of controlled substance in question; 2) the amount of the controlled substance in question; and 2) the military status activity when the activity occurred.

• The use, possession, manufacture and/or introduction of the following substances may result in thisdishonorable discharge, forfeiture of all wages and allowances, and imprisonment for two years:
  • possession or use of less than 30 grams of marijuana;
  • phenobarbital; Is
  • Controlled Substances in Schedules IV and V(such as Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol, Cough medicine with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin).
• The use, possession, manufacture and/or introduction of the following substances may result in thisdishonorable discharge, forfeiture of all wages and allowances, and imprisonment for five years:
  • Amphetamine;
  • Cocaine;
  • Heroin;
  • Lysergsäuredietilamida;
  • marijuana (other than possession or use of less than 30 grams of marijuana);
  • methamphetamine;
  • Youth;
  • phencyclidine;
  • secobarbital; my
  • Controlled Substances in Schedules I, II and II(such as ecstasy, methaqualone, peyote, vicodin, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, dexedrine, Adderall, Ritalin, products containing less than 90 milligrams of codeine per unit dose ( Tylenol with codeine), ketamine, anabolic steroids, and testosterone).
• The intention to distribute and/or import or export the following substances may resultdishonorable discharge, loss of all wages and allowances, and imprisonment for 10 years:
  • phenobarbital; Is
  • Controlled Substances in Schedules IV and V(such as Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol, Cough medicine with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin).
• The intention to distribute and/or import or export the following substances may resultdishonorable discharge, loss of all wages and allowances, and imprisonment for 15 years:
  • Amphetamine;
  • Cocaine;
  • Heroin;
  • Lysergsäuredietilamida;
  • marihuana;
  • methamphetamine;
  • Youth;
  • phencyclidine;
  • secobarbital; my
  • Controlled Substances in Schedules I, II and II(such as ecstasy, methaqualone, peyote, vicodin, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, dexedrine, Adderall, Ritalin, products containing less than 90 milligrams of codeine per unit dose ( Tylenol with codeine), ketamine, anabolic steroids, and testosterone).

Finally, the maximum prison sentence for any of the above crimes is increased by five years if the defendant commits the crime while:

• On duty as a sentinel or lookout;
• On board a boat or plane;
• At or at a rocket launch facility;
• Receive a special payment under 37 U.S.C. § 310 (enemy fire/imminent danger);
• In times of war; I
• In a secure facility.

Defense against article 112a

Drug charges have the potential to destroy careers and military futures, regardless of whether the crime is charged with mere possession or possession with intent to distribute. An experienced military defense attorney will carefully review her case to determine what defenses can be made. For example, the military defense attorneys at the Homeland Security Law Firm will carefully review all drug cases to determine the following:

• Whether the case was properly handled by the police.Law enforcement officers make mistakes and take shortcutsverymore often than most people realize. Any of the following areas may constitute a valid defense in your case: whether there have been illegal searches and/or seizures; whether the police operations were carried out legally; and whether the evidence, such as drugs or drug tests, was handled properly.
• Whether the substance in question is in fact a controlled substance.The government must not only prove that the substance in question is, in fact, a controlled substance, but must also provide valid evidence of this along with certifications for the tests. Often these requirements can form the basis of a valid defense.
• If your possession, use, manufacture, distribution, import, or export of the substance was illegal.The primary defense for most Section 112a cases is the requirement that use, possession, disclosure, etc. are "inadequate". So if you took the substance with a valid prescription or other authorization, you may have a valid defense. Also, as discussed above, a person cannot be convicted of possession and/or use of a controlled substance if he does not know that the substance was present, was under his control, or that the substance was smuggled. Knowledge is a very high legal standard. Therefore, particularly in the case of positive drug test cases, evidence of unknowing or innocent use may serve as a valid defense.

military advocates across the country

If you are accused of violating Section 112a, contact an experienced military defense attorney today. At the Homeland Security Law Firm, we defend military personnel court-martialed for Article 112a offenses and ensure that all avenues of defense are pursued in your case.

Plus, our military advocates are here to help no matter where you are.

Call us today at (202) 600-4996 for a free consultation.

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