Bilecki Law Group defends service members against any drug charge allowable under Article 112a of the UCMJ
What Is Article 112A Of The UCMJ?
Wrongful use of a controlled substance under Article 112a of the UCMJ occurs when a service member wrongfully uses a controlled substance while knowing that it was a controlled substance of a contraband nature. It can come with the aggravating circumstance that the substance was used during a time of war, on duty as a sentinel or lookout or on board a vessel or aircraft under the control by the armed forces.
Whereas wrongful use of drugs may be the most common drug charge, Article 112a actually covers a litany of drug charges ranging from simple use to the manufacture and distribution of drugs. The latter charges are coming with some very serious consequences that have the ability to not only end your military career, but destroy the rest of your life as a result. These are not charges to take lightly and even if you are just under investigation for these charges, it is time to grab a top notch military court martial defense lawyer.
What Charges Are Included Under Article 112A Of The UCMJ?
Article 112a covers wrongful use, possession, manufacture, distribution, introduction, importation and exportation of controlled substances. Article 112 separately addresses drunkenness and related duty offenses. The key to fighting and beating these charges rests with understanding each charge and every single element that the prosecution must prove. We give the prosecution no easy wins and we fight them on every element at every turn. Below you’ll find the charges as well as their corresponding elements:
Wrongful Use Of A Controlled Substance - For this to occur, the prosecution must prove that the accused used a controlled substance, that the accused knew (he)(she) used the substance; that the accused knew the substance used was a drug of a contraband nature and that the use was wrongful. They can then add the aggravating circumstance that one was on duty as a sentinel, on a vessel or aircraft, in or at a missile launch facility, or simply receiving special pay under 37 U.S.C 310.
Wrongful Possession With Intent To Distribute - For this to occur, the prosecution must prove that the accused possessed a specific amount of a controlled substance and that the accused actually knew they possessed the substance. They must prove that the accused actually knew the substance was a particular drug or of a contraband nature and that the possession was indeed wrongful. Possession itself is a charge and if applicable, a higher charge with intent to distribute can be added if intent can be proved. Like wrongful use, these charges can come with the aggravating circumstance based on the location of the distribution.
Wrongful Distribution – For wrongful distribution to occur, the prosecution must prove that the accused distributed a specific amount of a controlled substance to the possession of another and that the accused actually knew they distributed the substance. They must prove that the accused actually knew the substance was a controlled substance or of a contraband nature and that the distribution was indeed wrongful. The same aggravating circumstance regarding the location of the distribution also applies here.
Wrongful Introduction With Intent To Distribute – For wrongful introduction to occur, the prosecution must prove that the accused introduced a specific amount of a controlled substance to (an aircraft) (a vessel) (a vehicle) (an installation) used by the armed forces or under the control of the armed forces. Introduction means to bring into or onto a military setting. They must then prove that the accused knew they introduced the substance and knew that it was a controlled substance or of a contraband nature. Like other charges, if intent to distribute can be proved it adds a higher charge as does the aggravating circumstance of the location.
Wrongful Manufacture With Intent To Distribute – For wrongful manufacture to occur, the prosecution must prove that the accused manufactured a specific amount of a controlled substance and that they knew they indeed manufactured the substance. They must also prove that they knew the substance manufactured was a controlled substance or of a contraband nature and that the manufacture was wrongful. As with the other charges, if intent to distribute can be proved it brings a higher charge as does the aggravating circumstance of the location.
Wrongful Importation Or Exportation – For wrongful importation or exportation to occur, the prosecution must prove that the accused (imported into the customs territory of) (exported from) the United States a specific amount of a controlled substance and that the accused knew they (imported) (exported) the substance. They must also prove that they knew the substance was a controlled substance or of a contraband nature and that the (importation) (exportation) was wrongful. Finally, the same aggravating circumstance of the location may apply.
Now, that’s a long list of charges, each with very specific elements. The key to a staunch defense is to make the prosecution work to prove every single element. We concede nothing to them and fight them at every turn and at every element. If the government treats a Sailor with what appears to be a bag of weed like Pablo Escobar, we will make it prove the case it actually charged. These are serious charges. Evaluate the experience of the lawyers handling your case, the evidence they need to test and the work required to prepare your defense.
Maximum Punishments and Sentencing Parameters
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must sentence within the applicable confinement range unless specific facts justify a departure. If the judge departs, the record must contain a written statement explaining the factual basis. These ranges do not replace the lawful maximum punishment for the offense or the court-martial’s jurisdictional limits. For offenses assigned sentencing criteria instead of a category, the judge must consider those criteria.
The ranges below are stated in months and are limited where the offense has a lower confinement maximum. A special court-martial can impose no more than its own authorized limit, even when an offense or category allows more. The maximum is not a prediction of the sentence in your case.
| Offense | Maximum confinement | Category or criteria | Confinement range in months |
|---|---|---|---|
| Use or possession: listed drugs and Schedule I–III substances, except the marijuana cases below | 5 years | Category 1 | 0–12 |
| Marijuana use or possession of less than 30 grams | 2 years | Category 1 | 0–12 |
| Use or possession: phenobarbital and Schedule IV–V substances | 2 years | Category 1 | 0–12 |
| Manufacture or introduction: listed drugs, including marijuana, and Schedule I–III substances | 5 years | Category 2 | 1–36 |
| Manufacture or introduction: phenobarbital and Schedule IV–V substances | 2 years | Category 1 | 0–12 |
| Distribution, possession with intent to distribute, manufacture or introduction with intent to distribute, or import/export: listed drugs, including marijuana, and Schedule I–III substances | 15 years | Category 2 | 1–36 |
| The same distribution, intent-to-distribute or import/export offenses: phenobarbital and Schedule IV–V substances | 10 years | Category 2 | 1–36 |
The confinement maxima shown here are the base limits. A properly alleged and proved aggravating circumstance can add five years to the applicable maximum. It does not automatically change the published category.
Reduction to E-1 applies to enlisted personnel. Dismissal, rather than a dishonorable or bad-conduct discharge, is the authorized punitive separation for commissioned officers, including commissioned warrant officers, and cadets and midshipmen. The authorized punishment also depends on the offense date and court-martial forum.
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Reconciling Drug Use and Faithful Military Service
When we are defending service members from drug charges under Article 112a, it’s rare that the case is a major drug trafficking scenario. We’re talking Spec Ops guys who have been trying to maintain a ridiculous high tempo of operations and deployment or maybe the PFC who went home on leave and brought back some weed that he got from his buddies who went to college. What is infuriating is seeing a drug allegation threaten the career of a service member whose service and circumstances deserve a full hearing. At some point, the military is going to have to confront the gap between its marijuana policy and the civilian laws service members encounter at home.
Drug charges can destroy military careers and lives, whether the allegation is simple possession or possession with intent to distribute a Schedule I controlled substance. Protect your liberties and your military future by contacting Bilecki Law GroupTODAY.
Fighting and Winning Against Article 112a Charges
At Bilecki Law Group, we have fought and won Article 112a cases. We are aggressive in our defense. If investigators mishandle evidence or conduct an unlawful search or seizure, we will challenge it. Calling someone “Pablo Escobar” does not cure a broken investigation, and it does not prove a single element.
We’ll also examine whether the substance truly was a controlled substance. Perhaps you had a prescription or legal authority or maybe, someone gave you a drink and you had no idea what was actually in it. Look, it could be that you are on your way to becoming the next “Pablo Escobar” of the military, or maybe your unit has such high tempo operations that you took something to help keep you awake and alert. It all matters in the case and we’re going to fight for the service member whose career is on the line.
We fight Article 112a charges with pride and honor knowing that we are representing some of the finest men and women in the military. We will not let a label take the place of evidence. We need the full story, and we will fight for it. If you are facing these charges, reach out to us and let’s get into the fight for your life and career. We take the fight to the military justice system, and we fight to win.
Bilecki Law Group will help you fight back against charges under Article 112a: Wrongful Use, Possession, etc., of Controlled Substances
Frequently Asked Questions About Article 112a
What Is the Maximum Possible Punishment for Article 112a: Wrongful Use, Possession, etc., of Controlled Substances?
The maximum depends on the substance, the conduct charged, and any proven aggravating circumstance. The main confinement limits are:
- Wrongful use or possession of the listed drugs and Schedule I, II or III substances generally carries a five-year maximum. Marijuana use and possession of less than thirty grams of marijuana carry a two-year maximum. Phenobarbital and Schedule IV or V substances also fall under the two-year use-or-possession maximum.
- Wrongful manufacture or introduction generally carries a five-year maximum for the listed drugs, including marijuana, and Schedule I, II or III substances; the maximum is two years for phenobarbital and Schedule IV or V substances.
- Distribution, possession with intent to distribute, manufacture or introduction with intent to distribute, and importation or exportation generally carry a fifteen-year maximum for the listed drugs, including marijuana, and Schedule I, II or III substances. The maximum is ten years for phenobarbital and Schedule IV or V substances.
- A properly alleged and proved aggravating circumstance can increase the applicable confinement maximum by five years. The circumstances must fit the particular offense; they are not assumed merely because the accused serves in the military.
These offenses can also authorize a dishonorable discharge, forfeiture of all pay and allowances, and reduction of an enlisted member to E-1. The applicable offense date, court-martial limits and sentencing rules still matter. Marijuana does not receive a blanket sentence discount across all Article 112a offenses.
Can I Be Accused of Multiple Criminal Charges under Article 112a?
Yes. Article 112a governs many unique drug-related criminal charges. And you may face maximum sentencing for more than one. For example, prosecutors may accuse you of introducing a controlled substance onto a military base, having it in your possession at the time of capture and using it for a non-medicinal purpose.
Because of the number of offenses, you can be accused of under Article 112a, you could easily face sentencing for two, three, four or even more unique criminal charges. For this reason, we highly recommend hiring a criminal defense attorney as soon as possible to protect you from aggressive government sentencing.
Several charges do not automatically mean that every maximum can be stacked. We examine whether the charges duplicate the same offense, unreasonably multiply the alleged misconduct, or require concurrent rather than consecutive confinement. The government’s charging choices and the punishment it can lawfully obtain are separate questions.
Related Article 112 Drunkenness Offenses