ARTICLE 112A WRONGFUL USE OF CONTROLLED SUBSTANCES

Article 112a deals with the abuse of, distribution, dealing in controlled substances. Various situations are covered under the 7 sections outlined in this punitive article. The critical components of these sections are as follows:

a) Wrongful possession of drugs with intent to distribute

Elements:

• That at a specific time and place, the accused was in possession of a specific quantity of a particular controlled substance.
• That the accused was fully aware of such possession.
• That he knew that the substance was contraband.
• That such possession was wrongful.
• Where applicable, the prosecution has to prove the intent to distribute the contraband.

Maximum Punishment:

• Wrongful possession: Punishment varies with the kind of drugs involved in the offense. For Amphetamine, heroin, cocaine, lysergic acid diethylamide, marijuana (other than use of this substance or possessing less than 30 grams), opium, methamphetamine, secobarbital, phencyclidine, and controlled substances under Schedule I, II, and III, the accused faces dishonorable discharge, forfeiture of all pay and allowances and 5 years confinement. For possession of less than 30 grams of marijuana or use of marijuana, phenobarbital, and controlled substances under Schedule IV and V the accused faces dishonorable discharge, forfeiture of all pay and allowances and 2 years confinement.
• Intent to distribute: Punishment varies with the kind of drugs involved in the offense. For Amphetamine, heroin, cocaine, lysergic acid diethylamide, marijuana, opium, methamphetamine, secobarbital, phencyclidine, and controlled substances under Schedule I, II, and III, the accused faces dishonorable discharge, forfeiture of all pay and allowances and 15 years confinement. For possession of phenobarbital, and controlled substances under Schedule IV and V the accused faces dishonorable discharge, forfeiture of all pay and allowances and 10 years confinement.

When aggravating circumstances are proven in such trials, the accused faces an increase of 5 years in the maximum confinement.

b) Wrongful use of drugs

Elements:

• That at a specific time and place the accused had made use of a specific controlled substance.
• That the accused was fully aware of such use.
• That he was also aware that it was contraband.
• That this use was wrongful.

Maximum Punishment: Punishment varies with the kind of drugs involved in the offense. For Amphetamine, heroin, cocaine, lysergic acid diethylamide, marijuana, opium, methamphetamine, secobarbital, phencyclidine, and controlled substances under Schedule I, II, and III, the accused faces dishonorable discharge, forfeiture of all pay and allowances and 5 years confinement. For possession of phenobarbital, marijuana and controlled substances under Schedule IV and V the accused faces dishonorable discharge, forfeiture of all pay and allowances and 2 years confinement.

When aggravating circumstances are proven in such trials, the accused faces an increase of 5 years in the maximum confinement.

c) Wrongful distribution of drugs

Elements:

• That at a specific time and place the accused had distributed a specific quantity of a controlled substance.
• That the accused was fully aware of such distribution.
• That he was also aware that it was contraband.
• That this distribution was wrongful.

Maximum Punishment: Punishment varies with the kind of drugs involved in the offense. For Amphetamine, heroin, cocaine, lysergic acid diethylamide, marijuana, opium, methamphetamine, secobarbital, phencyclidine, and controlled substances under Schedule I, II, and III, the accused faces dishonorable discharge, forfeiture of all pay and allowances and 15 years confinement. For possession of phenobarbital, and controlled substances under Schedule IV and V the accused faces dishonorable discharge, forfeiture of all pay and allowances and 10 years confinement.

When aggravating circumstances are proven in such trials, the accused faces an increase of 5 years in the maximum confinement.

d) Wrongful introduction of drugs with the intent to distribute

Elements:

• That at a specific time and place, the accused introduced a specific quantity of a controlled substance onto a specific vessel/ aircraft/ installation/ vehicle that was in the control of the U.S. armed forces or being used by it.
• That the accused was fully aware that he had introduced this substance.
• That the accused was fully aware that this substance was contraband.
• That the introduction was a wrongful act.
• Where applicable, the prosecution has to prove the intent to distribute the contraband.

Maximum Punishment:

• Wrongful introduction: Punishment varies with the kind of drugs involved in the offense. For Amphetamine, heroin, cocaine, lysergic acid diethylamide, marijuana, opium, methamphetamine, secobarbital, phencyclidine, and controlled substances under Schedule I, II, and III, the accused faces dishonorable discharge, forfeiture of all pay and allowances and 5 years confinement. For possession of phenobarbital, and controlled substances under Schedule IV and V the accused faces dishonorable discharge, forfeiture of all pay and allowances and 2 years confinement.
• Wrongful introduction with the intention to distribute: For Amphetamine, heroin, cocaine, lysergic acid diethylamide, marijuana, opium, methamphetamine, secobarbital, phencyclidine, and controlled substances under Schedule I, II, and III, the accused faces dishonorable discharge, forfeiture of all pay and allowances and 15 years confinement. For possession of phenobarbital, and controlled substances under Schedule IV and V the accused faces dishonorable discharge, forfeiture of all pay and allowances and 10 years confinement.

When aggravating circumstances are proven in such trials, the accused faces an increase of 5 years in the maximum confinement.

e) Wrongful manufacture of drugs with intent to distribute

Elements:

• That at a specific time and place the accused had manufactured a specific quantity of a controlled substance.
• That the accused was fully aware of such manufacture.
• That he was also aware that it was contraband.
• That this manufacturing was wrongful.
• Where applicable, the prosecution has to prove the intent to distribute the contraband.

Maximum Punishment:

• Wrongful manufacture: For Amphetamine, heroin, cocaine, lysergic acid diethylamide, marijuana, opium, methamphetamine, secobarbital, phencyclidine, and controlled substances under Schedule I, II, and III, the accused faces dishonorable discharge, forfeiture of all pay and allowances and 5 years confinement. For possession of phenobarbital, and controlled substances under Schedule IV and V the accused faces dishonorable discharge, forfeiture of all pay and allowances and 2 years confinement.
• Wrongful manufacture with the intention to distribute: For Amphetamine, heroin, cocaine, lysergic acid diethylamide, marijuana, opium, methamphetamine, secobarbital, phencyclidine, and controlled substances under Schedule I, II, and III, the accused faces dishonorable discharge, forfeiture of all pay and allowances and 15 years confinement. For possession of phenobarbital, and controlled substances under Schedule IV and V the accused faces dishonorable discharge, forfeiture of all pay and allowances and 10 years confinement.

When aggravating circumstances are proven in such trials, the accused faces an increase of 5 years in the maximum confinement.

f) Wrongful exportation or importation of drugs

Elements:

• That at a specific time and place, the accused exported from the U.S./ imported into territory covered by customs a specific quantity of a specific controlled substance.
• That the accused was fully aware that he had imported/ exported this substance.
• That the accused was fully aware that this substance was contraband.
• That the exportation/ importation was a wrongful act.

Maximum Punishment: For wrongful importation and exportation of drugs, maximum punishment depends on the kind of drugs that involved. For amphetamines, heroin, cocaine, secobarbital, lysergic acid diethylamide, marijuana, opium, phencyclidine, methamphetamine, and controlled substances under Schedule I, II, and III the accused faces dishonorable discharge, forfeiture of all pay and allowances and 15 years confinement. For phenobarbital and controlled substances under Schedule IV and V the accused faces dishonorable discharge, forfeiture of all pay and allowances and 10 years confinement. When aggravating circumstances are established the confinement period can be increased by 5 years provided the same is proved during trial by the prosecution. For more information on this article, please refer to the Manual for Courts Martial.