Federal · Title 10 — Armed Forces

10 U.S.C. § 912a: Art. 112a. Wrongful use, possession, etc., of controlled substances

Felony

What this law says, in plain English

Military personnel who unlawfully use, possess, manufacture, distribute, import, export, or introduce controlled substances into armed forces property face punishment determined by court-martial. The statute covers substances including heroin, cocaine, methamphetamine, marijuana, and others listed in federal schedules.

Read the full statutory text
Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from 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. Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance. Any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of this article. 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 ). the specimen is in a condition that is suitable for forensic examination when delivered to a forensic laboratory; and the investigative agency that submits the specimen to the laboratory receives a written statement of the results of the forensic examination from the laboratory within such period as is necessary to use such results in a court-martial or other criminal proceeding resulting from the investigation. shall ensure that physiological specimens are preserved and transported in accordance with valid medical and forensic practices; and insofar as practicable, shall require transportation of the specimen to an appropriate laboratory by the most expeditious means necessary to carry out the requirement in subsection (a)(1). Procedures established under subsection (a) shall ensure that whenever the controlled substance with respect to which a physiological specimen is to be examined is lysergic acid diethylamide (LSD), the specimen is submitted to a forensic laboratory that is capable of determining with a reasonable degree of scientific certainty, on the basis of the examination of that specimen, whether the person providing the specimen has used lysergic acid diethylamide (LSD). Nothing in this section shall be construed as providing a basis, that is not otherwise available in law, for a defense to a charge or a motion for exclusion of evidence or other appropriate relief in any criminal or administrative proceeding. For purposes of this section, a controlled substance is a substance described in section 912a(b) of title 10 , United States Code. Not later than March 1, 1988 , the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, a report describing the procedures established under this section.”

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