"(a) Any person subject to this chapter who unlawfully uses, possesses, manufactures, distributes, imports into or exports from the United States customs territory, or imports into any facility, ship, vehicle or aircraft, used by or under control of the armed forces, a substance described in subsection (b) shall be sanctioned as ordered by a court-martial.
(b) The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative thereof.
(2) Any substance not listed in paragraph (1) and included on a Controlled Substances List prescribed by the President for the purposes of this Article.
(3) Any other substance not specified in Section (1) or included in a list prescribed by the President under Section (2) contained in Schedules I to V of Section 202 of the Controlled Substances Act is included (21 USC 812).”
(1)Illegal possession of a controlled substance.
(a) That the accused possessed a specified quantity of a controlled substance; It is
b) This possession of the defendant was unlawful.
(2)Abuse of a controlled substance.
(a) That the accused used a controlled substance; It is
(b) That Defendant's use was unlawful.
(3)Illegal distribution of a controlled substance.
(a) that the accused distributed a specified quantity of a controlled substance; It is
(b) That the distribution by the defendant was unlawful.
(4)Illegal introduction of a controlled substance.
(a) That the accused introduced a specified amount of a controlled substance into a ship, aircraft, vehicle or facility used or under the control of the Forces; It is
(b) That the introduction was illegal.
(5)Illegal manufacture of a controlled substance.
(a) that the Defendant manufactured a specified quantity of a Controlled Substance; It is
(b) That the manufacture was illegal.
(6)Illegal possession, manufacture, or introduction of a controlled substance with intent to distribute.
(a) that the accused (possessed) (manufactured) (imported) a specified quantity of a controlled substance;
(b) that the (possession) (manufacture) (importation) was unlawful; It is
(c) That the (possession) (manufacture) (introduction) was made with the intention of distributing it.
(7)Illegal import or export of a controlled substance.
(a) that the Defendant has (exported) (to the customs territory of) (from) the United States a specified quantity of a controlled substance; It is
(b) That the (import) (export) was illegal. Note: If one of the aggravating factors listed under point e is alleged, it must be included as an element.
(1)controlled substance."Controlled Substance" means amphetamine, cocaine, heroin, lysergic acid diethylamide, marijuana, methamphetamine, opium, phencyclidine and barbituric acid, including phenobarbital and secobarbital. "Controlled Substance" also means any substance included in Schedules I to V controlled by the Controlled Substances Act 1970 (21 USC 812).
(2)Own."Own" means to exercise control over something. Possession can be direct physical custody, such as having an item in your hands, or it can be constructive, such as a person hiding an item in a closet or car that that person can return to retrieve. Possession must be wise and conscious. Possession inherently includes the power or authority to prevent control by others. However, it is possible for more than one person to own an object at the same time, for example when several people share control of an object. A defendant cannot be convicted of possession of a controlled substance if the defendant was unaware that the substance was under the defendant's control. Circumstantial evidence suggests knowledge of the presence of a controlled substance.
(3)Distribute."Distribute" means to deliver into the possession of another. “Delivery” means the actual, constructive or attempted delivery of an Item, whether or not under agency relationship.
(4)manufacturing."Manufacture" means the manufacture, preparation, propagation, combination or processing of a medicinal product or other substance, directly or indirectly or by extraction from substances of natural origin or by chemical synthesis independently or by a combination of extraction and chemistry. synthesis and includes any packaging or repackaging of that substance, or the labeling or re-labelling of its packaging. "Production," as used in this subparagraph, includes the planting, cultivation, cultivation, or harvesting of a drug or other substance.
(5)Illegality.To be punishable under Section 112a, the possession, use, distribution, introduction or manufacture of a controlled substance must be illegal. Possession, use, distribution, introduction, or manufacture of a controlled substance is illegal without legal justification or authorization. Possession, distribution, introduction, or manufacture of a controlled substance is not illegal if that act or acts: (A) are carried out as part of legitimate law enforcement activities (e.g., an informant obtaining drugs as part of a covert operation is not in illegal possession); (B) performed by authorized personnel in the performance of medical functions; or (C) without knowledge of how the substance was smuggled (e.g., a person who possesses cocaine but actually believes it is sugar is not guilty of illegal possession of cocaine). Possession, use, distribution, importation, or manufacture of a controlled substance may be considered illegal without evidence to the contrary. The burden of proof in relation to such an exception in a court-martial or other proceeding under the Code rests with the person claiming his benefit. If the evidence presented raises such an issue, the onus is on the United States to establish that the use, possession, distribution, manufacture, or importation was unlawful.
(6)intention to distribute.Indications of an intention to disseminate can be deduced. Examples of evidence that might support an inference of intent to distribute are: possession of more substance than would be likely for personal use; market value of the substance; the way the substance is packaged; and that the defendant is not a substance user. On the other hand, evidence that the defendant is an addict or heavy user of the substance may tend to negate the conclusion of intent to distribute.
(7)Certain amount.If a specific quantity of a controlled substance is believed to have been possessed, distributed, imported or manufactured by a defendant, the specific quantity must normally be included in the description. However, it is not necessary to claim a specific quantity, and a specification is sufficient if you allege that a defendant possessed, distributed, imported, or manufactured "some," "traces," or "an unknown amount" of a controlled substance. .
(8)rocket launch facility.A “rocket launch facility” includes the location from which rockets are launched and the launch control facility from which a rocket launch is initiated or controlled after launch.
(9)United States Customs Territory.The "United States Customs Territory" includes only the United States, the District of Columbia and Puerto Rico.
(10)Use.“Use” means injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body. Knowledge of the presence of the controlled substance is a mandatory part of use. Knowledge of the presence of the controlled substance may be inferred from the presence of the controlled substance in the defendant's body or from other circumstantial evidence. This permissive conclusion may be legally sufficient to meet the government's burden of proof of knowledge.
(11)Willful ignorance.A defendant who knowingly avoids knowledge of the presence of a controlled substance or of the contraband nature of the substance is subject to the same criminal liability as someone with actual knowledge.
Minor misdemeanors included.
(1)Illegal possession of a controlled substance.Article 80-Try
(2)Abuse of a controlled substance.
a) Article 112-A: Illicit Possession of Controlled Substances
(3)Illegal distribution of a controlled substance.Article 80-Try
(4)Illegal manufacture of a controlled substance.
(a) Article 112-A: Illegal Possession of Controlled Substances
(5)Illegal introduction of a controlled substance.
a) Article 112-A: Illicit Possession of Controlled Substances
(6)Illegal possession, manufacture, or introduction of a controlled substance with intent to distribute.
(a) Section 112a: Possession, Manufacture or Illicit Introduction of Controlled Substances
(7)Illegal import or export of a controlled substance.Article 80-Try
(1)Use, possession, manufacture or improper introduction of controlled substances.
(A)Amphetamine, cocaine, heroin, lysergic acid diethylamide, marijuana (except possession of less than 30 grams or marijuana use), methamphetamine, opium, phencyclidine, secobarbital, and controlled substances in Schedules I, II, and III.Dismissal with dishonour, loss of all wages and benefits and imprisonment for 5 years.
(B)Marijuana (less than 30 grams possession or use), phenobarbital, and controlled substances in Tables IV and V.Dismissal, loss of all wages and allowances and imprisonment for 2 years.
(2)Illegal distribution, possession, manufacture, or importation of a controlled substance with intent to distribute or illegally import or export a controlled substance.
(A)Amphetamine, cocaine, heroin, lysergic acid diethylamide, marijuana, methamphetamine, opium, phencyclidine, secobarbital and Schedule I, II and III controlled substances.Dismissal, forfeited all wages and benefits, and imprisoned for 15 years.
(B)Phenobarbital and controlled substances from Tables IV and V.Dismissal with dishonor, forfeiture of all wages and benefits, and imprisonment for 10 years. If any of the offenses provided for in paragraph 37 are committed; while the accused is on duty as a sentinel or lookout; on board a ship or aircraft used or under the control of the armed forces; at or near a missile launch facility used or under the control of the Armed Forces; upon receipt of a special payment acc37 USC § 310; in times of war; or in a detention center used or under the control of the armed forces, the maximum sentence of imprisonment is increased by 5 years.
What is Article 112 A? ›
Thomas, 65 M.J. 132 (Article 112a, UCMJ, provides that any person subject to the UCMJ who wrongfully uses, possesses, or introduces into an installation used by or under the control of the armed forces a controlled substance shall be punished as a court-martial may direct; the statute does not define the term wrongful; ...What UCMJ article is a person distributing a controlled substance in violation of? ›
Article 112a, UCMJ. WRONGFUL USE, POSESSION, DISTRIBUTION, ETC. OF A CONTROLLED SUBSTANCE.What is 10 usc 912a article 112a? ›
112a. Wrongful use, possession, etc., of controlled substances.What substances are banned by the UCMJ? ›
For example, for the wrongful use, possession, manufacture, or introduction of amphetamine, cocaine, heroin, LSD, methamphetamine, opium, phencyclidine, secobarbital, marijuana (except use or possession of less than 30 grams) and Schedules I, II, and III controlled substances, the maximum allowed punishment is a ...What is NJP for drug use? ›
Non-Judicial Punishment vs.
All branches of the military have the power to bring drug charges before a court martial, but many times, wrongful use cases are handled via non-judicial punishment (NJP). If you have been offered an NJP, you have the right to either accept this offer or go before a court martial.
Under the Uniform Code of Military Justice (UCMJ), every branch of the armed forces has a zero-tolerance policy regarding the possession, use, and sale of illegal drugs.What drugs are prohibited in military? ›
The use of marijuana and marijuana-related substances is prohibited by all military service members (Active Duty, Reservist, and Guard members) and Department of Defense civilian employees.What drugs are not allowed in the military? ›
Illegal narcotics such as methamphetamines, cocaine and its derivatives, opioids, and hallucinogens such as LSD and MDMA are prohibited for service members. Marijuana and derivatives like CBD are prohibited even in states where their consumption is legal for civilians.What is Article 92 of the UCMJ? ›
Article 92 UCMJ Maximum Punishment
The maximum punishment for a violation or failure to obey lawful general order or regulation is dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years.
Communicating threats. (a) Communicating Threats Generally . -Any person subject to this chapter who wrongfully communicates a threat to injure the person, property, or reputation of another shall be punished as a court-martial may direct.
What is Article 134 of the UCMJ? ›
(Article 134, UCMJ, punishes, among other things, conduct which is or generally has been recognized as illegal under the common law or under most statutory criminal codes; such activity, by its unlawful nature, tends to prejudice good order or to discredit the service).What are the most common UCMJ violations? ›
Some of the more common offenses covered by the UCMJ include adultery, assault, disobeying orders, and desertion. A number of articles also deal with specific offenses such as espionage and treason. Each violation has a corresponding punishment, ranging from a minor reprimand to more serious consequences.Can I take Adderall while in the army? ›
Each branch of the military has its own rules regarding enlisting with ADHD and regarding ADHD medication. Generally, people who are enlisted are not permitted to take ADHD medication, particularly stimulant medication.How do you fight a positive drug test in the military? ›
You can fight for your career with the help of an experienced military lawyer. One way to refute the results of drug testing is to show proof that you unknowingly ingested that particular drug. If the test comes back positive, the government must possess more evidence other than the positive urinalysis testing.What is the punishment for UCMJ 112a? ›
Pursuant to Article 112a of the Uniform Code of Military Justice (UCMJ), anyone who wrongfully possesses, uses, manufactures, imports, or distributes certain controlled substances can be court-martialed and face up to fifteen years in confinement, among other issues.How serious is an NJP? ›
NJP is a disciplinary measure less serious than trial by court-martial that provides commanders with an essential and prompt means of (1) maintaining good order and discipline and (2) promoting positive behavior changes in service members without the stigma of court-martial.What is the maximum NJP punishment? ›
Restriction: 60 days, or if combined with extra duty, 45 days. Extra duty: 45 days. Forfeiture of pay: half month's basic pay for up to 2 months.Can you get kicked out of the military for drugs? ›
Drug abuse may be considered a form of officer misconduct and therefore may result in an administrative discharge, but a service member may also face court-martial. In some cases a court-martial acquittal may be followed by misconduct discharge proceedings.Can you get UCMJ for lying? ›
Any person subject to this chapter who with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.Can civilians be charged with UCMJ? ›
Civilians are not subject to UCMJ. However, the federal government has exclusive jurisdiction over crimes committed on a military installation. A military investigation may be conducted to determine whether or not to prosecute a civilian who commits a crime on a military base.
What is the maximum punishment for Article 112? ›
Maximum Possible Punishment for Violations of Article 112
Those convicted of drunk on duty face a maximum possible punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 9 months.
What to Expect from Your Article 112 Defense Case. Under Article 112 of the UCMJ, the prosecution in any Drunk on Duty case must establish two facts to convict the accused: The accused was actively involved in a certain duty. The accused was drinking or drunk while involved in their duty.What is the permissive inference 112a? ›
Understanding the Permissive Inference – A Road to NOT GUILTY. To convict a military service member of wrongfully using a drug under Article 112a, UCMJ, military prosecutors must show that you “knowingly” ingested a banned substance and did so “wrongfully” (e.g., you didn't have a prescription).What drugs show up on military test? ›
All active duty military servicemembers submit a urine sample for drug testing at least once a year. These drug tests screen for the presence of marijuana, amphetamines, and cocaine. In some cases, the urinalysis will screen for the presence of other drugs, including steroids, morphine, heroin, barbiturates, and LSD.What substance is illegal in the army? ›
The military has zero-tolerance for illicit drug use. Testing positive for an illegal substance on a random drug screen may result in a dishonorable discharge and potential criminal charges.What happens if you bring drugs on a military base? ›
Ultimately, if someone catches you with drugs, including weed or a firearm on a military base, you will face military justice action or prosecution in federal court for the offense.Can you stay in the military with a positive drug test? ›
Consequences of a Failed Military Drug Test
Depending on the branch of service, recruits who test positive for drugs may be able to reapply 90 days after their previous test. However, should you fail the second test, you can be barred from serving in any branch of the military going forward.
An honorable discharge will be given for proper military behavior and proficient performance of duty. If the soldier has served faithfully and performed to the best of his ability, and there is no derogatory information in his military record, he should receive an honorable discharge.What is Article 111 of the UCMJ? ›
Scheurer, 62 M.J. 100 (Article 111, UCMJ, has been expanded by Congress to prohibit physically controlling, as well as operating, a vehicle while impaired by a controlled substance; the very purpose of the legislation is to remove impaired people from the driver's seat; so unless the government proves beyond a ...What is Article 98 in the military? ›
What is Article 98 of the UCMJ? Any enlisted member of the United States armed forces who causes delays in a procedural hearing whether by accident, negligence or willfulness, may be prosecuted under Article 98 of the UCMJ.
What is Article 119 of Military Justice? ›
Article 119, UCMJ. Manslaughter. (a) Any person subject to this chapter who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct.What is Article 120 in the military? ›
to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (b) (sexual assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may direct.What is Article 110 of the UCMJ? ›
The MCM states under article 110, a service member may be subject to prosecution if they: willfully and wrongfully, hazards or suffers to be hazarded any vessel or aircraft of the armed forces; or. negligently hazards or suffers to be hazarded any vessel or aircraft of the armed forces.What is UCMJ Article 122? ›
Understanding Article 122 (Robbery) of the UCMJ
For a robbery to be committed by force or violence, there must be actual force or violence to the person, preceding or accompanying the taking against the person's will, and it is immaterial that there is no fear engendered in the victim.
-Any person subject to this chapter who, willfully and wrongly, discharges a firearm, under circumstances such as to endanger human life shall be punished as a court-martial may direct.What is Article 129 of the UCMJ? ›
Burglary; unlawful entry. Any person subject to this chapter who, with intent to commit an offense under this chapter, breaks and enters the building or structure of another shall be punished as a court-martial may direct.Is UCMJ a felony? ›
The UCMJ does not distinguish between felonies and misdemeanors. The general rule is that a felony is an offense that carries a maximum punishment of one year or more confinement - regardless of the actual punishment imposed.What is considered a serious offense in UCMJ? ›
Serious offense: In the context of 'misprision of serious offense', a serious offense is any type of offense that could be punished according to the code of military law by death or by imprisonment exceeding 1 year.Is ADHD ban in the military? ›
Apart from age and educational qualifications, the military outlines medical standards for enlistment and appointment, including an extensive list of physical, mental, and behavioral conditions that could disqualify an otherwise exceptional candidate. ADHD is classified as one of those restricted conditions.Why is ADHD not allowed in the military? ›
Realistically, and perhaps in alignment with the military's reasoning — if a person with ADHD cannot function well and be productive without medication, then they are probably not a good fit for the military. You don't want to be in a combat environment, for example, and run out of medication.
Does the military check for Adderall? ›
All active-duty Military Service Members must undergo a urinalysis at least once a year to test for the presence of any controlled substances, including amphetamines such as Adderall.How many times can you fail a drug test in the military? ›
At the discretion of the branch of service, new recruits who test positive on a drug screening are able to reapply. They may do so only after 90 days have passed since the last test. Applicants who fail a drug test twice are automatically and permanently disqualified from serving in any branch of the military.What happens if you pop on a drug test in the military? ›
A positive test result will likely result in significant administrative or disciplinary action against a military member, to include court-martial. Essentially all branches of the military have adopted a “Zero Tolerance” approach to drug use.How long does a failed military drug test stay on your record? ›
The employer reports the results of the follow-up test result along with the first and last dates of your follow up testing plan. Your record stays in the Clearinghouse for five years. Your positive DOT drug test result shows in the Clearinghouse whether you have an account or not.What is Article 15 of the UCMJ? ›
Article 15, UCMJ, is a federal law that permits commanding officers to conduct non-judicial proceedings for minor offenses. A Soldier may refuse Article 15 proceedings and demand trial by court-martial, unless attached to or embarked on a vessel.What is violation of Article 132 UCMJ? ›
In order to be convicted of a violation of Article 132 for Retaliation, the prosecution must demonstrate that: the accused wrongfully took or threatened to take an adverse personnel action against any person, or withheld or threatened to withhold a favorable personnel action with respect to any person; and.What is Article 21 of the UCMJ? ›
The provisions of this chapter conferring jurisdiction upon courts- martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or ...What is UCMJ Article 120 charges? ›
-Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (a) (rape) had the sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be punished as a court-martial may direct.