Article Wrongful Use of Controlled Substances

 

article 112a

May 14,  · To be punishable under Article a, possession, use, distribution, introduction, or manufacture of a controlled substance must be wrongful. Possession, use, distribution, introduction, or manufacture of a controlled substance is wrongful if it is without legal justification or authorization. The UCMJ prohibits illicit use & wrongful possession of drugs. If charged under UCMJ Article a, you need a military criminal defense lawyer. (article 15) or section (article 30) with respect to an offense against this chapter may be ordered to active duty involuntarily for the purpose of (A) investigation under section of this title (article 32); (B) trial by court-martial; or (C) nonjudicial punishment under section of this title (article 15).


UCMJ Article a - Drugs - The Statutory Framework -


Subsection b also includes any substances listed on a schedule of controlled substances prescribed by the President, as well as those listed in Schedules I through V of section of the Controlled Substances Act 21 U. Wrongfulness is defined as without legal justification or authorization. The article itself describes three circumstances in which possession, use, distribution, introduction, or manufacture is clearly not wrongful and include:.

In the case of circumstance 3the activity may be inferred to be wrongful in the absence of contrary evidence and the burden to prevent this evidence is on the accused servicemember. Amount of controlled substance involved also has bearing on the maximum punishment allowed.

For example, for the wrongful use, article 112a, possession, manufacture, or introduction of amphetamine, cocaine, heroin, LSD, methamphetamine, opium, phencyclidine, secobarbital, article 112a except use or possession of less than 30 grams and Schedules I, II, and III controlled substances, the maximum allowed punishment is article 112a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. By comparison, wrongful use, possession, manufacture, or introduction of marijuana possession of less than 30 grams or usearticle 112a, phenobarbital, and Schedules IV and V controlled substances involve a maximum allowable punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

The military will come down much harder on servicemembers who engage in wrongful distribution, possession, article 112a, manufacture, or introduction of controlled substances with the intent to distribute, or wrongfully import or export a controlled substance rather than on those who are only users.

For example, servicemembers who deal controlled substances as stated in the previous paragraph face the maximum allowable punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

Dealing in phenobarbital and Schedules IV and V controlled substances can result in a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. When any offense under Article a is committed and the accused servicemember is on duty as a sentinel or lookout, on board a military aircraft or vessel, in or at a military missile launch facility, article 112a, receiving special pay under 37 U. Drug offenses under the UCMJ usually consist of two base elements.

All elements must be proved by the government beyond a reasonable doubt in article 112a to charge a service member with a drug offense.

For example, wrongful use of a controlled substance contains the following elements:. For wrongful possession, manufacture, or introduction of a controlled substance with intent to distributea third element is required. It is also important to note that when any of the aggravating circumstances are alleged, such as that the servicemember was receiving hostile fire pay or on a military article 112a at the time of the offense, article 112a must also be listed as an element.

Article 112a you are facing the combined resources of the military as well as article 112a current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases.

In the firm recruited Article 112a. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service.

If you or someone you know is facing Article a charges for drug offenses, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at for a free consultation, article 112a.

 

UCMJ Article a: Controlled Substances Offenses | Bilecki and Tipon, LLLC

 

article 112a

 

Article a, UCMJ. WRONGFUL USE, POSESSION, DISTRIBUTION, ETC. OF A CONTROLLED SUBSTANCE (a) Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed . Dec 04,  · Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct. The UCMJ prohibits illicit use & wrongful possession of drugs. If charged under UCMJ Article a, you need a military criminal defense lawyer.