

An Army Corporal stationed in Korea came under investigation after multiple packages were intercepted at the base postal office and delivered via a “controlled pickup,” in which the Soldier was arrested by the CID after taking possession of the packages. The packages in question were from the United States and contained CBD oil and Clenbuterol. After a military drug defense attorney Timothy Bilecki was retained, the defense team obtained an affidavit from our client’s mother, who was the one sending the packages to her son. In the affidavit, she described how she sent the CBD oil in the mail without her son’s knowledge.
After presenting this information to the prosecution, the command agreed not to prefer court martial charges but instead adjudicate the matter at Article 15. The government asserted that while Soldier’s mother was the one who sent him the packages, it was still a violation of Article 92, UCMJ for possessing Clenbuterol and further that possession of Clenbuterol was prohibited under AR 600-85 and defined as Drug Abuse.
Bilecki’s team drafted matters in defense, extenuation, and mitigation, which explained that Clenbuterol is not controlled by the U.S. Government and, therefore not illegal to possess. It is also used for weight loss and not the stimulation or stupefaction of the central nervous system. After reviewing the affidavit along with the defense matters, our client was found not guilty of violating Article 92 for Possession of Clenbuterol, and the investigation into the CBD oil was unfounded.
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