Military Drug Crime Defense (UCMJ Article 112a)

Military allegations of unlawful use, possession, distribution, manufacture, introduction, etc. of illegal drugs can have devastating legal, professional, personal and family consequences.

These cases can arise not just from eyewitness accounts and law enforcement undercover, informant, and “sting” operations, but from the results of the military urinalysis and drug testing programs. Often, defending these cases includes the use of forensic toxicology experts.

A court-martial conviction in such a case could result in a sentence including lengthy prison term, dishonorable discharge or dismissal, and a variety of other extremely negative outcomes.

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An experienced and aggressive defense attorney is absolutely vital in these military cases.

Allegations of illegal drug involvement under the UCMJ are covered by UCMJ Article 112a:

  • Wrongful use of controlled substances
  • Wrongful possession of controlled substances
  • Wrongful manufacture of controlled substances
  • Wrongful distribution of controlled substances
  • Wrongful import of controlled substances
  • Wrongful introduction of controlled substances onto military installation, vessel, vehicle or aircraft

Civilian court-martial defense lawyers Richard V. Stevens and Frank J. Spinner routinely defend against these military cases. This experience involves knowing how to successfully use the services of the appropriate expert consultants and witnesses and understanding and strategically applying the results of field or lab drug testing (urine, blood, bodily fluids, screening and presumptive testing, confirmation testing, GC/MS testing, forensic laboratory “litigation packages). Defending these cases can also often involve attacking the credibility of accusers, alleged co-actors, confidential informants and sources.

The military court-martial drug cases defended by our attorneys have included alleged involvement with the following substances:

  • Marijuana
  • Cocaine (in a variety of forms)
  • Amphetamine
  • Methamphetamine
  • Ecstasy (MDMA)
  • LSD
  • Opium and Opiates
  • Prescription pain medications
  • Anabolic steroids
  • GHB (“date rape drug”)
  • “Spice” (Salvia and variety of herbal and synthetic marijuana/cannabinoids)
  • “Huffing” (inhalants)
  • Synthetic drugs and “rave drugs”

One important factor that can contribute to allegations of drug offenses in the military is self-medication by those suffering from PTSD, TBI and other medical and mental health issues due to combat experiences in the Middle East. This can lead to addiction issues and legal complications that have played a prominent role in many of the recent military drug cases defended by our attorneys.

Richard V. Stevens and Frank J. Spinner are civilian criminal defense attorneys and former military JAG lawyers who exclusively practice military law and defend military members stationed around the world who are facing military trials, discipline and investigations. If you’re facing allegations of illegal drug use, possession, distribution, etc. in the military, don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.

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