Spice and Synthetic Drugs
At Bilecki Law Group, we believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
Protect Your Career with a Court Martial Attorney
You’ve been accused of the use or distribution of Spice or other synthetic drugs by law enforcement in the U.S. military. The government claims it has irrefutable evidence confirming your guilt. That is the claim we need to test, not a reason to surrender.
Do not assume the government will go easy on you. Even simple possession cases have been known to go to a court-martial. Your rank, your military career, and your freedom are at risk.
- You could be prosecuted under Article 112a for wrongful use, possession, distribution, or possession with intent to distribute a covered controlled substance. Depending on the offense and forum, a conviction can carry a punitive discharge.
- Charges referred to a general court martial can expose you to years of confinement, depending on the offense.
Service members accused of the use, possession or distribution of spice and other synthetic drugs often make assumptions about their case that end up destroying their careers. A single call to Bilecki Law Group will help you determine exactly what you’re up against. Consult Bilecki Law Group by calling (813) 669-3500.
Facing an Allegation?
We Fight Back Hard Against Spice and Synthetic Drug Charges.
Regardless of whether you were snagged in a sting operation, caught red handed, or subjected to a search you believe was unlawful, Bilecki Law Group knows how to fight the evidence against you. We examine the search, the testing, the statements, and what the government can actually prove.
See cases fought by Bilecki Law Group. Every case depends on its own facts; a past result does not guarantee the same outcome.
Bilecki Law Group has fought and won cases involving the use and distribution of Spice and other synthetic drugs. A call to our office can help you understand the allegation and the work your defense needs.
Why Spice and Synthetic Drugs Create Confusion
Spice and K2 are names used for products containing synthetic cannabinoids. They are not the name of one fixed chemical with one legal status.
A service member can encounter products advertised as herbal incense, potpourri, or a legal alternative to marijuana. Those descriptions do not tell you what is actually inside.
HOW IT MAY BE SOLD
WHAT DECIDES THE CASE
What is actually inside
Not one fixed chemical with one legal status
The government can pursue a drug allegation even when the product came from a store or arrived in packaging that made it look harmless.
Several features of these products can create dangerous assumptions:
- Products have been sold in convenience stores, gas stations, and online. A retail sale does not establish that the contents are lawful for a service member to use.
- A test has to look for the relevant substance or its metabolites. Whether a particular test detects a product is a different question from whether its use is prohibited.
- A friend’s claim that everyone uses a product does not establish its contents, legality, or safety.
Knowing where you stand on your case and what you’re really up against should be your first priority. Bilecki Law Group has been fighting and winning cases involving drug crimes for years. Contact us today.
Legal or Illegal? The Ongoing Case of Synthetic Drug Use in the Military
Confusion over the use of Spice and other synthetic drugs is not uncommon. But a product name cannot answer the legal question. We need to identify the chemical involved, the law and any applicable military order in effect on the alleged offense date, and the conduct the government claims it can prove. A product marketed as legal can still contain a controlled substance or fall within a military prohibition.
For an Article 112a charge, the government must prove a substance covered by that article and the required wrongful conduct. Knowledge of the substance’s presence and contraband nature matters; the government may rely on circumstantial evidence. A lawful general order under Article 92 presents a separate issue. The government need not prove that you knew of a general order, although it must prove an applicable, enforceable order, your duty to obey it, and a violation.
ARTICLE 112A
A covered substance + wrongful conduct
Knowledge of the substance’s presence and contraband nature matters
ARTICLE 92 · GENERAL ORDER
An applicable, enforceable order
Your duty to obey it and a violation · Knowledge of the order need not be proved
A separate issue · Both turn on the law and orders in effect on the charged date
- Identify the actual substance and its legal status on the charged date. Do not assume that every product called Spice has the same ingredients.
- A store receipt may help establish what was bought and how it was described. It does not, by itself, establish lawful possession or use.
- If the evidence raises unknowing ingestion, we investigate how it could have occurred. It is a factual explanation to investigate and support, not a slogan that automatically defeats a positive test. The government retains its burden to prove the charged offense.
- We examine the language, authority, effective dates, and applicability of any order the government relies on. A rule that does not prohibit the charged conduct cannot be stretched to fit it.
Frequently Asked Questions About Spice and Synthetic Drugs
Can Any Military Drug Test Identify Spice or Synthetic Drugs?
Some testing methods can detect particular synthetic cannabinoids or their metabolites. No single test should be assumed to identify every substance marketed as Spice or a synthetic drug. We need the actual laboratory report and testing records, not an assumption based on the product name.
We look at what the laboratory tested for, the method it used, the result it reported, and whether collection, custody, or laboratory problems affect that result. A positive result must be interpreted within the limits of the test.
What Sentence Can a Possession Charge Carry?
We’ve seen possession allegations taken to an administrative separation board. Other cases are prosecuted at court martial. An administrative board does not impose criminal confinement or a punitive discharge; it addresses separation and characterization of service.
ADMINISTRATIVE SEPARATION BOARD
Addresses separation and characterization of service · No criminal confinement or punitive discharge
COURT-MARTIAL
Confinement and a punitive discharge can be authorized · Neither automatic
At court martial, the possible punishment depends on the chemical, charged offense, forum, offense date, and any applicable sentencing rules or plea agreement. Confinement and a punitive discharge can be authorized, but neither is an automatic result of every possession allegation. The effect on veterans’ benefits requires a separate look at the characterization of discharge and the benefit involved. There is no reliable single “typical sentence” for every product sold as Spice.
Your military future and your civilian future can both be at stake. If you’re confused about what to expect with your case, contact us today.