UCMJ Article 112A: Wrongful Use of Controlled Substances

If you’re part of the Armed Forces, one of the most important things you should familiarize yourself with is the Uniform Code of Military Justice (UCMJ). The UCMJ serves as the primary foundation of military justice. It details the criminal offenses under military law.

One of the offenses the UCMJ discusses is Article 112A: Wrongful Use of Controlled Substances. Getting involved in a controlled substance is strictly prohibited if you’re a service member. Involvement in wrongful use, possession, etc, of controlled substances positions the military in a bad light. But to what extent? This article will explore the consequences of getting involved with controlled substances.

What is UCMJ Article 112A?

Article 112A of the UCMJ discusses the abuse of, distribution, and dealing with controlled substances. This article covers various situations in the wrongful possession of controlled substances, mirroring the regulations of the Controlled Substances Act.

The Controlled Substance Act (CSA) is a statute that establishes all substances that were in form or manner regulated under existing federal law into five schedules. This placement is based on the substance’s medical use, the potential for abuse, and safety or dependence liability.

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. 

As part of their commitment to the Armed Forces, service members not only have to abide by civilian laws, including the Controlled Substances Act, but also military law. That’s why service members should ensure that they follow all the rules.

What is the Scope of Article 112A?

Article 112A: Wrongful Use of Controlled Substances mainly covers six components, namely:

1. Wrongful possession of drugs with intent to distribute
2. Wrongful use of drugs
3. Wrongful distribution of drugs
4. Wrongful introduction of drugs with the intent to distribute
5. Wrongful manufacture of drugs with intent to distribute
6. Wrongful exportation or importation of drugs

For a situation to be classified under the wrongful possession of drugs with intent to distribute, several criteria should be met:

• The accused possessed a specific quantity of a particular controlled substance at an exact time and place
• The accused knew they had the substance
• The accused was aware that the substance was of a contraband nature
• The possession of the substance was wrongful
• The prosecution has to prove there is intent to distribute the contraband.

For a situation to be classified under the wrongful use of drugs, these criteria should be met:

• The accused had made use of the controlled substances prescribed under the CSA.
• The person subject was aware of the use of such substance
• The accused was aware that the substance was of a contraband nature
• The use of such a substance was wrongful.

For a situation to be classified under wrongful distribution of drugs, these are the required criteria:

• The accused distributed a specific quantity of a controlled substance at a particular time and date
• That person was fully aware of the illegal drugs
• The accused was aware that the substance was contraband
• The distribution was wrongful.

For a situation to be classified under wrongful introduction of drugs with the intent to distribute, these elements are required:

• The accused had distributed a specific quantity of a controlled substance at a particular time and place
• That person was fully aware of the distribution
• That person was aware it was a contraband
• The distribution was wrongful.

For a situation to be classified under wrongful exportation or importation of drugs, these are the required elements:

• The accused exported or imported a specific quantity of a controlled substance at a certain time and place.
• That person was fully aware of the importation or exportation of this substance
• The accused was fully aware of the contraband nature of the drugs
• The exportation or importation was a wrongful act.

The Possible Punishments for Violating Article 112A

The maximum punishment depends on the offense committed. For cases classified under wrongful possession of drugs with intent to distribute, the punishment depends on the type of drug involved in the case. 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 such substances 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. However, when aggravating circumstances are proven via court martial or trials, there might be an increase of 5 years in the maximum confinement.

For instances classified under wrongful distribution of drugs, the maximum penalties an accused can face include dishonorable discharge, forfeiture of all pay and allowances, and 15 years of confinement. However, when aggravating circumstances are proven via court martial or trials, there might be an increase of 5 years in the maximum confinement.

For cases classified under wrongful introduction of drugs with the intent to distribute, the most severe penalties a person can face include dishonorable discharge, forfeiture of all pay and allowances, and ten years confinement. However, when aggravating circumstances are proven via court martial or trials, there might be an increase of 5 years in the maximum 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. However, when aggravating circumstances are proven via court martial or trials, there might be an increase of 5 years in the maximum confinement.

For cases under wrongful exportation or importation of drugs, the worst punishment a person can receive includes dishonorable discharge, forfeiture of all pay and allowances, and 15 years of confinement. An increase of 5 years in the maximum confinement may apply in aggravating circumstances.

Defending Against Wrongful Use of Controlled Substances

Getting involved in the wrongful use, possession, etc, of controlled substances can mean severe punishment for the service members involved. When many pieces of evidence prove one’s guilt, the best that a service member can do is fight for the lightest punishment possible.

This is where a trained military attorney should be involved. The law expert should be well-versed in cases that involve a controlled substance. Moreover, they should be knowledgeable of military law.

Conclusion

Involvement in a controlled substance is a serious offense in military law. It can alter a person’s military future dramatically. That’s why all service members must understand the UCMJ, including Article 112A. To learn more about life in the military, explore the Military Verification website further.

FAQs

What are the punishments for Article 112A?

The maximum punishment includes a dishonorable discharge, forfeiture of all pay and allowances, and years of confinement. The confinement period depends on the offense committed.

What article is about possession in the UCMJ?

Possession is covered by Article 112A. This article refers to the Wrongful Use, Possession, etc, of Controlled Substances.

What are controlled substances? 

This is 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 article of the UCMJ is about drug distribution?

Drug distribution is covered by Article 112A of the UCMJ. This article discusses the Wrongful Use, Possession, etc, of Controlled Substances.

What is the penalty for drug use in the UCMJ?

If proven guilty, the maximum punishment includes dishonorable discharge, forfeiture of all pay and allowances, and five years of confinement. This depends on the drugs involved.