UCMJ – United States Code of Military Justice


10. Punitive Articles

(a) Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports form 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.

(b) The substances refereed to in subsection (a) are the following:

(1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamephetamine, penecyclidine, barbituric acid, and marijuana, and any compound or derivative of any such substance.

(2) Any substance not specified in clause (1) that is listed on a scheduile of controlled substances prescribed by the President for the purposes of this article.

(3) Any other substance not specified in clause (1) or contained on a list prescribed by the President under clause (2) that is listed in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).

17 Comments for this entry

  • Sean Howard

    What is the maximum punishment for possession of an illegal substance and is it the same punishment for garrison as it is in a combat zone?

  • Sean

    I got 6 months in the brig and a BCD for a positive urinalysis..

  • Nguyen

    it is common in the army, you would get a art 15 for it and followed by a chapter 14-12c

  • Troy

    Positive for what? I popped for MJ, reduced in rank to E3 and OTH discharge. No brig time.

  • Alan Abrams

    Does this article pertain to a soldier “on leave”?

    What are the penalties if a soldier on leave were to be found under the influence and said findings were reported to the US Army JAG? Please reply to me via e-mail- abramsalan@live.com.

    Thank you.

    • Chris

      Yes. You are subject to UCMJ while on leave, on or off post, in or out of uniform, on or off duty. I spent 2 years on the CID Drug Suppression Team and we often charged personnel with 112a after they were caught on leave for possession or when they tested positive on a U/A after returning.

      • Zack

        Does this pertain to growing on your property? Let’s say you are a chief and your wife grows it on your property “in chiefs name” can said chief still get into trouble with this article?

      • Felix Baudrit

        Hello Chris i am writing a research paper about the similarities and differences between civilian and military courts and how they both treat drug related courses and would really appreciate some incite if possible if you were to contact me at my email felixbaudritapspanish@gmail.com i would be extremely grateful

  • Keith

    Does anyone know the max penalty you could receive under this article..? I’m applying for transfer of a firearm and they’re saying I cannot do to this charge from the military and they’re saying the reasoning is the sentence I could have gotten ..?

  • Dave

    Here’s an idea….Don’t do any drugs or being around people who do drugs until you get out of the service…is it that hard? You signed a zero tolerance document upon joining the service, so be a man an honor your word, and if you fuck up, take your punishment like a man and stop trying to get out of it. Damn pogs

  • Anonymous

    My friend had a positive urinalysis for cocaine. never popped before and had none on him. he is going through a messy divorce and she has run her mouth about him to his command, barber, family, friends, facebook, etc. Anyone who would listen. He is a 16 year gunny who has an immaculate record and thinks she spiked something of his because she called in the tip. He has been in the brig now for a month and he has a civilian lawyer. Hes a good guy and wouldnt abuse drugs. Is there any chance of him getting a general discharge so this wont ruin the rest of his life after the marine corps kicks him out?

  • meshia

    I was given an article 15 for something my husband had in the home that was not possessed by me , it was an control substance but my husband even wrote a sworn statement stating it wasn’t mine and they still gave me an article 15 14 days of extra duty and 14 days of restriction . summarized. should I fight it ?

  • Mags

    Just so everyone here knows, the CID (ARMY) will report the Article 112a (and other offenses) to the FBI’s database. So, if you have to have to an FBI background check done in the future, say for employment or a professional license, any UCMJ violation will probably show, whether or not you were just investigated and received an Article 15 or were actually charged and went through a court martial. Most Article 112a offenses receive an Article 15 as the punishment but will still be in the system for life. Try explaining to an potential employer the difference between a military administrative charge and an actual criminal charge/conviction. It will be hard. Just an FYI.

  • Rachael

    Are substance cases always be subject to court martial? Would there ever be a reason the command thought the offense could be processed through an NJP? Are findings in an NJP grounds enough for separation?

  • Neal

    I was released for admitting to drug use ,oth. All tests came back negative, but was released anyway.
    Do I have a good chance at a discharge review?

  • nelson avilesE

    What happened when someone give you a cake and you didn’t know it has THC and you test positive? You try to explain but they only kick you out,no second chances to proof you are ok.

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