Article 112a UCMJ – Drug Use, Possession & Distribution

What Is Article 112a?

Article 112a of the Uniform Code of Military Justice (UCMJ) criminalizes the wrongful use, possession, distribution, and manufacture of controlled substances by service members. This includes illegal drugs such as cocaine, LSD, MDMA (ecstasy), heroin, methamphetamines, as well as unauthorized use of prescription medications like opioids, Adderall, or Xanax.

Drug offenses in the military are taken extremely seriously. A positive urinalysis or simple possession can result in a court-martial, administrative discharge, confinement, and the loss of all benefits. Even if you’ve never been in trouble before, one drug charge can end your career.

Prohibited Conduct Under Article 112a

• Wrongful Use: Testing positive on a drug test or admitting use without a valid prescription.
• Possession: Having drugs or drug paraphernalia in your personal effects, vehicle, or on your person.
• Distribution: Selling, giving away, or sharing controlled substances—even a single pill.
• Introduction: Bringing drugs onto a military installation or into a deployment zone.
• Attempted Use or Possession: Trying to acquire drugs or caught with user paraphernalia.

Penalties for Article 112a Violations

Punishment depends on the severity of the offense and your military record:

• Dishonorable or bad-conduct discharge
• Confinement (up to 5 years for use, 15+ years for distribution)
• Loss of all pay, allowances, and retirement eligibility
• Mandatory separation in most branches, even for first-time use

Military judges and panels often show little sympathy for drug cases, especially when involving distribution or leadership ranks.

How Drug Use Is Detected

• Random Urinalysis: The most common way service members are caught. Positive samples are forwarded to a military lab and tested under strict chain-of-custody.
• Command-Directed Testing: Targeted testing for individuals suspected of drug use.
• Admissions: Statements made during questioning, or in a rehabilitation program, can be used as evidence depending on how they were obtained.
• Text Messages / Social Media: Screenshots, chats, or posts that reference use or sales.

Even without a positive test, digital evidence and witness statements can trigger prosecution.

Common Defenses to Article 112a Charges

• Unknowing Ingestion: The drug was consumed without your knowledge (e.g., spiked drinks or edibles).
• Faulty Chain of Custody: Lab handling errors can invalidate test results.
• Lack of Possession or Control: Drugs were found in a shared space without proof of your ownership.
• Prescription Defense: You had a valid medical prescription (must be clearly documented).
• Command Bias / Retaliation: Charges were motivated by discrimination or retaliation.

Real Case Example

Scenario: A Navy Petty Officer tested positive for cocaine after a weekend trip. He denied use and claimed accidental exposure. The command initiated NJP and referred the case to a separation board.

Defense: Civilian counsel hired a toxicologist, challenged the timeline, and presented a clean hair sample. The board found insufficient evidence of wrongful use and voted to retain the sailor.

What to Do If You Test Positive or Are Accused

• Say nothing—invoke your rights under Article 31b.
• Ask to speak with legal counsel before providing any statements.
• Document your schedule, diet, supplements, and any over-the-counter meds.
• Save texts, chats, or receipts that could support your defense.
• Hire a civilian attorney experienced in military drug defense immediately.

Administrative Actions That Follow

• GOMOR: A General Officer Memorandum of Reprimand may be issued even without NJP or court-martial.
• NJP: Many commands pursue non-judicial punishment for drug use, which can still trigger separation.
• Separation Board: You may be referred to a board of inquiry or administrative separation for misconduct.
• Security Clearance Revocation: A drug-related incident often leads to suspension or loss of clearance.

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