As a service member, one of the most important things you should familiarize yourself with is the Uniform Code of Military Justice (UCMJ). This federal law serves as the foundation for military justice and details all the criminal offenses in the Armed Forces.
Among the different crimes discussed in the UCMJ is Article 112A: Wrongful Use of Controlled Substances. Involvement in wrongful use, possession, etc, of controlled substances not only makes the offender look bad but also places the US military in a negative light.
This article will delve into the consequences a service member might face if they end up getting involved with a controlled substance.
Contents
What is UCMJ Article 112A About?
Article 112A of the UCMJ outlines the abuse, distribution, and dealing with controlled substances. This article discusses situations involving the wrongful possession of controlled substances, which mirrors the regulations of the Controlled Substances Act (CSA).
The Controlled Substances Act is a statute that establishes all substances that were in form or manner regulated under existing federal law into five schedules. The CSA’s placement is based on the substance’s medical use, the potential for abuse, and safety or dependence liability.
Because service members are expected to be model citizens, violating Article 112A has severe consequences beyond one’s military future. As in the civilian world, getting involved in a crime as serious as the involvement in controlled substances can have serious consequences.
What exactly is a controlled substance?
To understand what qualifies as a violation of Article 112A, it is essential to define what a controlled substance means. A controlled substance refers to a drug or chemical whose manufacture, possession, or use is regulated by the government. Controlled substances include illicitly used drugs or prescription medications that are designated by law.
The Scope of Article 112A of the UCMJ
Article 112A of the UCMJ primarily covers six components involving controlled substances:
- Wrongful possession of drugs with intent to distribute
- Wrongful use of drugs
- Wrongful distribution of drugs
- Wrongful introduction of drugs with the intent to distribute
- Wrongful manufacture of drugs with intent to distribute
- Wrongful exportation or importation of drugs
Wrongful possession of drugs with intent to distribute
These are the elements to be met for an incident to count as wrongful possession of drugs with intent to distribute:
- The accused party possessed a particular quantity of a specific controlled substance at an exact time and place
- The accused party was aware they had that controlled substance
- The accused party knew that the controlled substance in question was of a contraband nature
- The substance possession was wrongful
- The prosecutor has to prove that there is intent to distribute the contraband.
Wrongful use of drugs
These are the elements to be met for an incident to count as wrongful use of drugs:
- The accused party had used one or more of the controlled substances prescribed under the CSA
- The person subject to the violation was aware that they used the said controlled substance
- The accused party was aware that the substance was of a contraband nature
- The use of such substance was wrongful.
Wrongful distribution of drugs
These are the elements to be met for an incident to count as wrongful distribution of drugs:
- The accused distributed a particular quantity of a recognized controlled substance at a specific time and day
- The accused was fully aware of the illegal drugs
- The accused party was aware that the drugs were of a contraband nature
- The distribution was wrongful.
Wrongful introduction of drugs with the intent to distribute
These are the elements to be met for an incident to count as wrongful introduction of drugs with the intent to distribute:
- The accused party had distributed a specific quantity of a controlled substance at a particular time and place
- The accused was fully aware of the distribution that was planned to take place
- That person was aware that the drugs were of a contraband nature
- The distribution was wrongful.
Wrongful manufacture of drugs with intent to distribute
These are the elements to be met for an incident to count as wrongful manufacture of drugs with intent to distribute:
- At a specific time and place, the accused had manufactured a particular quantity of a controlled substance
- The accused was fully aware of such manufacture
- The accused was aware that the drugs were of a contraband nature
- This manufacturing was wrongful
- The prosecution must prove that there was an intent to distribute the contraband.
Wrongful exportation or importation of drugs
These are the elements to be met for an incident to count as wrongful exportation or importation of drugs:
- At a specific time and place, the accused party exported or imported a particular quantity of a controlled substance.
- That person knew of the importation or exportation of this substance
- The accused knew the contraband nature of the drugs
- The exportation or importation was a wrongful act.
What Are The Penalties For Cases with Controlled Substances?
The maximum punishment depends on the offense committed. For wrongful possession of drugs with intent to distribute cases, it depends on the drugs involved. For drugs like heroin, cocaine, amphetamine, lysergic acid diethylamide, and opium, the accused can face dishonorable discharge, forfeiture of all pay and allowances, and five years of confinement.
Possible punishments for those who intended to distribute them include dishonorable discharge, forfeiture of all pay and allowances, and 15 years of confinement.
For cases classified under wrongful use of drugs, the maximum punishment includes dishonorable discharge, forfeiture of all pay and allowances, and five years confinement.
For cases classified under wrongful distribution of drugs, the maximum penalties include dishonorable discharge, forfeiture of all pay and allowances, and 15 years of confinement.
For cases classified under wrongful introduction of drugs with the intent to distribute, the most severe penalties include dishonorable discharge, forfeiture of all pay and allowances, and ten years confinement.
For incidents classified under wrongful manufacture of drugs with intent to distribute, the worst case scenario would be to receive a dishonorable discharge, forfeiture of all pay and allowances, and ten years confinement.
For cases under wrongful exportation or importation of drugs, the worst punishment includes dishonorable discharge, forfeiture of all pay and allowances, and 15 years of confinement.
It should be noted that an increase of 5 years in the maximum confinement may apply in aggravating circumstances.
Defending Against Article 112A
Getting involved in controlled substances prescribed by the CSA can have detrimental repercussions for the accused parties. While the Armed Forces assign military lawyers, it would be ideal for service members to tap the services of military law experts with experience dealing with similar cases.
Conclusion
Involvement in wrongful use, possession, etc, of controlled substances can be life-changing in a bad way. That’s why service members should steer clear of them as much as possible. To learn more about life in the military, explore our website further.
FAQs
What are controlled substances?
A controlled substance refers to a drug or chemical whose manufacture, possession, or use is regulated by the government. Controlled substances include illicitly used drugs or prescription medications that are designated by law.
What is the maximum punishment for controlled substances?
The worst punishment for involvement in a controlled substance includes dishonorable discharge, forfeiture of all pay and allowances, and 15 years of confinement. The consequences would depend on the gravity of the situation.
Is violation of Article 112A a serious offense?
Yes, this violation is grounds for a dishonorable discharge. This is the worst type of discharge a service member can receive.