1. Careers
You can opt-out at any time. Please refer to our privacy policy for contact information.

Discuss in my forum

Punitive Articles of the UCMJ

Article 112a—Wrongful use, possession, etc., of controlled substances (Page 3)

By

Lesser included offenses.

(1) Wrongful possession of controlled substance. Article 80—attempts

(2) Wrongful use of controlled substance.

    (a) Article 112a—wrongful possession of con-trolled substance

    (b) Article 80—attempts

(3) Wrongful distribution of controlled substance. Article 80—attempts

(4) Wrongful manufacture of controlled substance.

    (a) Article 112a—wrongful possession of controlled substance

    (b) Article 80—attempts

(5) Wrongful introduction of controlled substance.

    (a) Article 112a—wrongful possession of con-trolled substance

    (b) Article 80—attempts

(6) Wrongful possession, manufacture, or introduction of a controlled substance with intent to distribute.

    (a) Article 112a—wrongful possession, manufacture, or introduction of controlled substance

    (b) Article 80—attempts

(7) Wrongful importation or exportation of a con-trolled substance. Article 80—attempts

Maximum punishments.

(1) Wrongful use, possession, manufacture, or introduction of controlled substance.

    (a) Amphetamine, cocaine, heroin, lysergic acid diethylamide, marijuana (except possession of less than 30 grams or use of marijuana), methamphetamine, opium, phencyclidine, secobarbital, and Schedule I, II, III controlled substances. Dishonorable discharge, forfeiture of all pay and allowances, and confinement 5 years.

    (b) Marijuana (possession of less than 30 grams or use), phenobarbital, and Schedule IV and V controlled substances. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(2) Wrongful distribution, possession, manufacture, or introduction of controlled substance with intent to distribute, or wrongful importation or exportation of a controlled substance.

    (a) Amphetamine, cocaine, heroin, lysergic acid diethylamide, marijuana, methamphetamine, opium, phencyclidine, secobarbital, and Schedule I, II, and III controlled substances. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

    (b) Phenobarbital and Schedule IV and V con-trolled substances. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. When any offense under paragraph 37 is committed; while the accused is on duty as a sentinel or look-out; on board a vessel or aircraft used by or under the control of the armed forces; in or at a missile launch facility used by or under the control of the armed forces; while receiving special pay under 37 U.S.C. § 310; in time of war; or in a confinement facility used by or under the control of the armed forces, the maximum period of confinement authorized for such offense shall be increased by 5 years.

Next Article> Article 113-Misbehavior of sentinel or lookout >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 37

©2014 About.com. All rights reserved.