Because drug use adversely affects military service members’ effectiveness, commanders treat suspected drug use by personnel seriously. As a result, when commanders or military police suspect a service member of involvement with illicit drugs, they may begin an investigation that can lead to serious disciplinary action. As a result, if you face allegations of drug use as a member of the armed forces, understanding the potential consequences you might face and the legal options you may have to defend yourself against drug use charges can help you protect your rights and interests.
Military Law Governing Drug Use
Article 112a of the Uniform Code of Military Justice covers drug offenses in the military. Under Article 112a, a service member may face discipline for wrongfully using, possessing, manufacturing, distributing, or importing any covered substance, which can include:
- Opium
- Heroin
- Cocaine
- Amphetamine
- LSD
- Methamphetamine
- Phencyclidine
- Barbituric acid
- Marijuana
- Any substance listed in the federal Schedules of Controlled Substances or in a schedule of controlled substances prescribed by the President
Drug use can become “wrongful” use prohibited by the UCMJ when it occurs without authorization or legal justification (e.g., using a controlled substance without a valid prescription).
The military takes a zero-tolerance policy toward drug use. As a result, any service member found in unauthorized possession of controlled substances or caught using controlled substances without authorization (i.e., via a drug test) may face disciplinary proceedings up to and including a court-martial.
How Drug Use Allegations Arise
Service members may come under suspicion of drug use in various ways. For example, service members may have to submit to random urinalysis, or commanders may order service members to submit to drug testing if they observe signs of intoxication in personnel (e.g., falling asleep on duty, slurred speech, poor coordination, etc.). Searches and inspections of quarters may also uncover unauthorized controlled substances. Fellow service members may also report observed or suspected drug use to commanders, or commanders may receive referrals from civilian law enforcement when service members get arrested for drug possession.
Potential Consequences of a Drug Use Charge
Depending on the circumstances of a service member’s case, they may face various consequences for prohibited drug use under the UCMJ, such as:
- Article 15 nonjudicial punishment, which may involve extra duty, forfeiture of pay, or reduction in rank
- Administrative separation or discharge, which can take the form of a general discharge or other-than-honorable discharge
- Court-martial, which may result in confinement/incarceration and a bad-conduct or dishonorable discharge
A disciplinary record in the military and receiving anything other than an honorable discharge may affect a service member’s eligibility for veterans’ benefits. Drug use in the military may also become a disqualifying factor for security clearances (whether in the military or civilian employment). Military discipline can also make it more challenging for veterans to pursue civilian jobs after leaving the service.
Common Defenses Against Military Drug Use Allegations
Service members accused of drug use may have various defenses against their allegations, including:
- Lack of knowledge, as a service member must know that they ingested a controlled substance and the substance’s contraband nature
- Lawful use of a controlled substance pursuant to a valid prescription
- Illegal searches under military regulations
- Insufficient evidence of the contraband nature of a substance (e.g., lack of laboratory testing)
- Testing errors, including breaks in the chain of custody of blood or urine samples, improper lab procedures, or use of contaminated or uncalibrated testing equipment
Contact Our Firm Today
Given the military’s zero-tolerance policy toward drug use, accusations of drug use can have significant consequences for your career and future. Contact Patriots Law Group today for a confidential consultation with a military discipline attorney to learn more about the potential implications of alleged drug use in the military and the defenses you might have if you face disciplinary proceedings for suspected drug use.