UCMJ Article 112a: Controlled Substances-Related Crimes – Bilecki Law Group (2023)

The Bilecki Law Group defends service members against any drug abuse charge permitted by Section 112a of the UCMJ


What is Article 112A of the UCMJ?

Abuse of a controlled substance under Section 112a of the UCMJ occurs when a service member abuses a controlled substance despite knowing that it is a controlled substance that is contraband. To make matters worse, the substance has been used in war, on guard or lookout duty, or aboard a ship or aircraft under the command of the armed forces.

While drug abuse may be the most common drug abuse charge, Section 112a actually covers a wide variety of charges ranging from simple drug use to manufacturing and distributing drugs. These latest allegations have some very serious ramifications that could result in not only ending his military career, but the rest of his life being destroyed as well. These are not allegations to be taken lightly, and even if you're only being investigated for these allegations, it's time to amass a world-class army.criminal defense attorney in court.

What fees are included in UCMJ Section 112A?

Article 112 servesas a general article covering most allegations that you would assume involved drugs and alcohol. The key to fighting and winning this charge is to understand each charge and each element that the charge must prove. We do not give easy victories to the prosecutor's office and we fight them with all elements at all times. Below you will find the loads and the corresponding elements:

Controlled Substance Abuse –In order for this to happen, prosecutors must show that the defendant used a controlled substance, that the defendant knew they used the substance; that the defendant knew that the substance used was acontrabandnature and that the use was unlawful. You can then add the aggravating circumstance that someone was a guard, on a ship or plane, in or at a missile launch site, or simply received a special payment under 37 U.S.C 310.

Illegal possession with intent to sell –In order for this to happen, prosecutors must demonstrate that the defendant possessed a specified amount of a controlled substance and that the defendant actually knew he possessed the substance. You must prove that the defendant actually knew the substance was a specific drug or contraband and that the possession was in fact unlawful. Possession itself is a fee, and where appropriate, a higher fee may be added with intent to disseminate where intent can be proven. As with abuse, these fees may have aggravating circumstances depending on the distribution location.

Wrong distribution -Formaldistribution occursprosecutors must demonstrate that the defendant distributed a specified quantity of a controlled substance in someone else's possession and that the defendant actually knew that he was distributing the substance. You must show that the defendant actually knew the substance was a controlled substance or contraband and that the distribution was in fact unlawful. The same aggravating circumstance regarding the place of distribution also applies here.

Wrong entry with intention to disseminate –For smuggling to exist, prosecutors must prove that the accused introduced a specified quantity of a controlled substance into (an airplane) (a ship) (a vehicle) (an installation) used by or under the control of the military . armed forces. Forces Forces Introduction means to introduce to a military environment. Then they have to prove that the defendant knew he had imported the substance and that it was a controlled substance or contraband. As with the other fees, a higher fee plus the aggravating circumstance of the location will be added if the intention to disseminate is proven.

Improper manufacture with intent to sell -For illicit manufacture to occur, prosecutors must demonstrate that the defendant manufactured a specified amount of a controlled substance and that he knew he actually manufactured the substance. They must also show that they knew the substance being manufactured was a controlled or contraband substance and that the manufacture was illegal. As with the rest of the fees, if there is proven intent to sell, a higher fee will be charged, as will the aggravating circumstance of location.

Improper import or export –For an illegal import or export to exist, prosecutors must establish that the defendant (imported into U.S. customs territory) (exported from the United States) a specified quantity of a controlled substance and that the defendant knew that he (imported) ( executed ) the substance substance. They must also show that they knew the substance was a controlled or contraband substance and that the (import) (export) was illegal. Finally, the same aggravating circumstances as those of location may be present.

That's a long list of charges, each with very specific elements. The key to a strong defense is getting prosecutors to prove every element. We grant them nothing and we fight them at all times and in all elements. That's because prosecutors catch a sailor with what looks like a bag of marijuana and they want to pretend they just caught Pablo Escobar and took down an entire drug cartel. These are serious allegations, and prosecutors drool over them. Believe us from experience when we say that these are not charges to entrust your defense to an inexperienced, freeI defender.



years of experience


Court-martial verdicts


represent service staff


miles traveled

Compatibility of drug use and loyal military service

If we defend the soldiers ofDrug offenses according to § 112aIt's rare that the case is a big drug scene. We're talking about the Spec Ops guys trying to maintain a ridiculously high op and engagement rate, or maybe the PFC going home on vacation and bringing some weed he got from his friends who go to college went. The annoying thing about these accusations is how the military justice system will seek to overthrow and destroy the very military we need to defend this nation while we face similar threats and a dangerous future. At some point, the military will have to reconcile the fact that marijuana is legal in some form in nearly 30 states.

Let's take the case of Medal of Honor winner Peter Lemon for inspiration on this topic. Peter Lemon was stationed at a forward base of operations in Vietnam that would face a brutal NVA night attack. The Americans knew the NVA was in the jungle surrounding the base and chose to set fire to the jungle just so the NVA would know they were aware of their presence. Then nothing happened.

Everything was quiet and soLemon and other soldiersThey were ordered back to the bunker to sleep. The only problem was that it was hard to sleep when you knew you were surrounded by overwhelming odds. So Peter and a few other soldiers made weed just to relieve stress. Then at 2:17 a.m. a missile attack hit the communications system and over 400 NVA came out of the jungle and roared to attack the 220 Americans.

Dragon's High Lemon stormed out of the bunker and jumped into the .50 caliber. He fired at the enemy in a cyclical rhythm until the gun jammed. Then he grabbed his M-16 and fired until the gun jammed. Then he interfered with his own hands. Lemon threw grenades and on some occasions fought hand to hand, continuing to present violence to the enemy like it was a Viet Cong Christmas.

At that time, an enemy shell landed on 40 tons of US artillery shells, killing the US and NVA soldiers. Lemon got up and, ignoring his own injuries, helped the others to the aid station. There he grabbed a handful of grenades and went back into action. Wounded again in the process, Lemon continued to fight with everything he had, even throwing his hands at the enemy until he eventually passed out from blood loss. When he woke up, his tinnitus was inevitably gone and he became the nation's newest recipient of the Medal of Honor. An honor that is well deserved.

Drug offenses destroy lives and military careers, whether it's a simple possession charge or an attempt to distribute a Schedule I controlled substance. Protect your freedoms and your military future by contacting usBilecki Law GroupHOJE.

Fight and win the Article 112a charges

At Bilecki Law Group we fight and we win.many Article 112aCases, and prosecutors typically don't want to see Bilecki's name as a result. That's because they know they have a fight coming up and we're aggressive on defense. The truth is, military investigators routinely botch investigations and handle drug cases carelessly. They're so excited at the prospect of catching "Pablo Escobar" that they can't handle the evidence properly, conduct illegal searches or seizures, and we report them every time.

We will also check whether the substance is actually a controlled substance. Maybe it had a prescription, or a legal authority, or maybe someone gave you a drink and you had no idea what was really in it. Look, it could be that you're on your way to becoming the military's next "Pablo Escobar," or maybe your unit has such fast-paced operations that you've grabbed something to help you stay awake and alert . Everything counts in this case, and since it won't be a military prosecutor fighting our enemies on the front lines, we're trying to keep the Peter Lemon of our modern army in battle.

We fight Section 112a charges with pride and honor, knowing that we represent some of the best men and women in the military. EITHERmilitary justice systemwill try to make you look like a drug dealer selling crack to kids, we know the whole story says otherwise. If you face these allegations, contact us and let us fight for your life and career. We took the fight to military courts and we won.

The Bilecki Law Group can help you fight Section 112a charges: Abuse, Possession, etc. of Controlled Substances


UCMJ Article 112a: Controlled Substances-Related Crimes – Bilecki Law Group (2)

Frequently asked questions about Article 112a:

More than seven criminal charges are coveredpursuant to Article 112-A. Some of these charges carry relatively light penalties. Others have the potential to destroy an army's military and civilian future:
Abuse, possession, manufacture or introduction of a controlled substance:

  • Reduction to E-1
  • Loss of all wages and allowances.
  • imprisonment for 5 years
  • dishonorable discharge

(Note: the sentence is usually drastically reduced if the charge involves marijuana)Distribution, Possession, Manufacture, or Misrepresentation of a Controlled Substance with Intent to Distribute or Improperly Import or Export a Controlled Substance:

  • Reduction to E-1
  • Loss of all wages and allowances.
  • Imprisonment for 15 years
  • dishonorable discharge

(Note: Phenobarbital and Schedule IV and V controlled substances reduce the maximum possible sentence to 10 years.) If you are eventually found guilty of substance abuse while on duty as a guard or lookout,maximum restrictioncan be extended by 5 years.

Yes, Section 112a governs many specific drug-related criminal charges. And you can face the maximum fine for more than one. For example, prosecutors may charge you with taking a controlled substance to a military base, having it in your possession at the time of capture, and using it for non-medical purposes.

Based on the number of offenses you can be chargedpursuant to Article 112-A, you can easily be convicted of two, three, four or even more individual offences. Because of this, it is highly recommended that you hire a criminal defense attorney as soon as possible to protect you from aggressive federal sentencing.

Article 112 bis of the UCMJ et seq

  • Article 112 - Drunkenness on duty
  • Article 112b - drunkenness, disability
  • Article 112c – Drunk inmate

Plead Not Guilty... Fight!


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