What section of the law does drug use and possession fall under?

You’ll be charged under Article 112a of the UCMJ, the article which prohibits the use of controlled substances by military service members.Article 112a defines the kinds of misconduct involving controlled.

How can Bilecki Law Group help you?

Bilecki Law Group is often the last line of defense you have against an enemy that wishes to publicly shame you and put you behind bars. You owe it to yourself to contact us TODAY and speak with one of our expert defense attorneys.

Drug Use, Possession and Possession With Intent To Distribute

At Bilecki Law Group, we know that there is always more to the story than the prosecution lets on. We fly in hard-hitting attorneys anywhere in the world to fight for those who stand on the front lines of freedom.

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Drug Use in the Military: What You’re Up Against

The military has a zero-tolerance policy when it comes to drug use, and they don’t care about the circumstances. Whether it was a one-time mistake, a misunderstanding, or something completely out of your control, they will treat you like a criminal and attempt to destroy your career. A positive urinalysis [LINK TO FAILED URINALYSIS SERVICE PAGE] is all they need to initiate action against you. From there, they’ll work to get you out of the military as quickly and quietly as possible—either through administrative separation or court-martial.

Military prosecutors love these cases because they assume you’ll just roll over and take the punishment. But drug testing isn’t perfect. Labs make mistakes. Chain of custody gets broken. Innocent substances can trigger false positives. There are dozens of ways to fight back.

If the military is coming after you for drug use, don’t assume the case is a done deal. You can fight back—and you can win.

Drug Possession Charges Under the UCMJ

Possession charges take things a step further. A positive urinalysis is one thing, but if they find drugs in your room, vehicle, or belongings, the military will try to paint you as a criminal. The prosecution will do everything they can to make you seem guilty—regardless of the facts. Maybe you had no idea the drugs were there. Maybe they belonged to someone else. Maybe they were placed there to set you up.

None of that matters to them. They just want a conviction.

Drug Possession With Intent to Distribute Charges Under the UCMJ

Intent is a hell of a thing to prove in any circumstance given that none of us can see the future. However, for a service member facing drug charges under the UCMJ, intent can be the difference between a slap on the wrist and a life destroyed. It doesn’t help that anytime military prosecutors get the chance to prosecute a drug crime they’ll act like they just caught El Chapo Guzmon with a plane full of cocaine. The military aggressively prosecutes drug distribution cases because they know there are almost always other service members involved. Your friends will rat you out to save themselves from the UCMJ and you’ll be standing there alone with nothing but the big green weenie of the military justice system to keep you company.

Just take a look at the difference in punishments from a simple drug possession charge to a charge with intent

(1) Wrongful possession:

Amphetamine, cocaine, heroin, lysergic acid diethylamide, marijuana (except possession of less than 30 grams of marijuana), methamphetamine, opium, phencyclidine, secobarbital, and Schedule I, II, and III controlled substances: Dishonorable Discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Marijuana (possession of less than 30 grams), phenobarbital, and Schedule IV and V controlled substances: Dishonorable Discharge, total forfeiture of all pay and allowances, 2 years confinement and reduction in rank to E-1.

(2) With intent to distribute:

Amphetamine, cocaine, heroin, lysergic acid diethylamide, methamphetamine, opium, phencyclidine, secobarbital, and Schedule I, II, III controlled substances: Dishonorable Discharge, total forfeiture of all pay and allowances, 15 years confinement and reduction in rank to E-1.
Marijuana, phenobarbital, and Schedule IV and V controlled substances: Dishonorable Discharge, total forfeiture of all pay and allowances, 10 years confinement and reduction in rank to E-1.
When aggravating circumstances are alleged: Increase maximum confinement by 5 years.

Pleading guilty to intent without first consulting with an experienced military court martial defense attorney is equivalent to forfeiting a decade of your life. You can fight drug charges and you can win. Even if you were caught with drugs you cannot assume that they can prove your intent. Don’t let them scare you into admitting guilt.

DO NOT PLEAD GUILTY WITHOUT FIRST TALKING WITH EXPERIENCED COURT MARTIAL DEFENSE COUNSEL!

Facing an Allegation?
Contact Bilecki Law Group

Timothy James Bilecki

Military law attorney

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Your Military Friends Will Turn On You To Save Themselves

Military service bonds one another in a manner that few can truly understand. You’ll go through hell together and if need be, you’d even jump on a grenade in a combat zone to save your buddy. Unless that grenade is a drug charge under the UCMJ. Then, they’ll politely bend you over and guide the military’s big green weenie right into you.

Drugs are what took down the mafia and you need to be prepared for the fact that your friends will turn on you if you are charged with intent to distribute. Sure they asked you to pick up the drugs and Lcpl Garcia in 2nd platoon was going to help you spread it around. Unfortunately, you got caught with it and it’s your problem now.

The UCMJ is an excellent vehicle to destroy someone’s life and military prosecutors know it. They will put the screws to your buddies and with the prospect of having their lives destroyed they will save themselves. You have to get ready to prepare your own military court martial defense with only you in mind. Just like say a Marine on duty has no friends so it will be with you and drug charges.

If that seems like dirty play to you by military investigators that’s because it is. They are propping up flimsy intent cases because they need to destroy someone in a public fashion in order to scare everyone else in compliance.

YOU CANNOT COEXIST WITH A MILITARY JUSTICE SYSTEM THAT IS TRYING TO DESTROY YOU.

Military Sting Operations and Drug Intent Cases

In many cases, when military investigators can’t find a drug dealer to charge they will just create one themselves via sting operations. This is where investigators bait service members into selling drugs and then pouncing on them when they commit a crime they wouldn’t have otherwise. In cases of intent, you are being charged before any drugs are actually distributed. Otherwise it would be a different charge.

However, it is very possible that the sting operation itself was conducted illegally. It is possible to have the evidence thrown out before trial. Military investigators are sloppy and they almost always make mistakes. We don’t let them get away with that incompetence unscathed.

Moreover, the UCMJ clarifies that intent to distribute may be inferred from circumstantial evidence. Examples of evidence which may tend to support an inference of intent to distribute are: (possession of a quantity of substance in excess of that which one would be likely to have for personal use) (market value of the substance) (the manner in which the substance is packaged) (or) (that the accused is not a user of the substance). On the other hand, evidence that the accused is (addicted to) (or) (a heavy user of) the substance may tend to negate an inference of intent to distribute..

Bilecki has won drug intent cases that the prosecution thought was a lock. We’ve secured honorable discharges and Separation in Lieu of Trial (SILT) for guys who were looking at over a decade in military prison. Reach out to us and let us use our experience to help. We know you didn’t see this coming and this wasn’t how you thought your military career would go. Just know that you can fight back and you can win. Get us into the fight on your behalf.

We Own the Courtroom—Our Case Results Prove It

We have a history of winning impossible-to-win cases. Decades in the courtroom have given us insight into how the prosecution operates. We know their weaknesses. We hit them hard and fast.

My Urine Tested Positive for Controlled Substances. How Could I Not Be Found Guilty?

Just because a controlled substance was found in your urine, doesn’t mean you knowingly ingested a controlled substance. In addition to this, the prosecution has to prove that that substance is indeed an illegal substance and you knowingly ingested it. And that isn’t as easy as you think.

The worst thing a service member can do is panic and accept the government’s initial verdict of guilt. Doing so all but ends their military career and could lead to a dishonorable discharge.

How Are Simple Use or Possession Cases Handled by the Military?

Administrative action, including Non-Judicial Punishment (NJP) followed by administrative separation, is the most common action taken commands for minor drug infractions. However, a court-martial is not off the table for smaller drug crimes in the military.

FAQs About Military Drug Distribution Crimes

What If They Caught Me Buying Drugs On The Dark Web?

As we mentioned earlier, the dark web isn’t an easy place to pull evidence from. It’s often that the arrest happens at the moment of shipment and they use that as the evidence. If they are relying on digital forensics from the dark web to support their case, their case may not be solid at all. Give us a call as we’ve worked multiple drug cases involving the dark web and secured positive outcomes for our client.

What If The Drugs Were For My Own Personal Use?

If you can demonstrate that you suffer from an addiction or heavy use of the drug this could negate the inferred intent of your actions. Maybe you were just storing up weed for a six-month deployment? Perhaps it was given to you before deploying to a combat zone by your Vietnam Vet uncle because its what got him through the war? The point is that you cannot let them infer intent upon you without a fight.

Will You Really Fly Anywhere In The World To Defend Me For Military Drug Crimes?

We absolutely will fly anywhere in the world and because South Korea and Japan take drug crimes seriously, we are there often. One has to understand the various civilian and military regulations at play when charged overseas. Experience matters in knowing how to fight back overseas. When military prosecutors see that you’ve flown in hard-hitting counsel from the United States to defend you they know that they now have a fight on their hands.

What If I’ve Already Admitted Wrongdoing?

Well, that’s not a helpful position to be in, but stop talking to anyone and give us a call. You wouldn’t be the first one they scared into admitting guilt when they had a shitty case to begin with. Reach out to us and we’ll shoot you straight on what you are facing. There is still time to fight back. There is a better than average chance that they made mistakes during the investigation. There is still time to secure for yourself the best possible outcome. Don’t let them take everything from you