According to the Hazelden Betty Ford Foundation, military service members are more likely to develop substance abuse disorders compared to average citizens – especially if they have seen active combat. On the other hand, Chestnut Health Systems states that the abuse of illicit and prescription drugs is far less common for active service members compared to the civilian population. In other words, those who have seen combat often become addicted to various substances – but a “zero-tolerance” policy still makes drug use rare among average soldiers. This zero-tolerance policy may explain why alcohol and tobacco use is so rampant among service members. What happens if a soldier tests this zero-tolerance policy? What are the potential consequences of drug use in the military? Service members may want to explore this question alongside New York defense attorneys with experience in military matters. To learn more, consider calling The Law Office of Benjamin Greenwald at (845) 567-4820.
The Real-World Consequences of Substance Abuse
Aside from the legal penalties, it is important to consider the real-world consequences of drug use in the military. Even if a soldier is never caught, they could face numerous challenges as they struggle with lifelong addictions. American Addiction Centers states that substance abuse can reduce lifespans by up to 30% on average. Heroin users tend to experience the most drastic reductions in lifespans, with the average user losing 25 years of their life after taking heroin 5 times per week.
Drug addiction can also cause neurological changes in the brain, causing neurological challenges, irritability, and other problems. These issues can be particularly severe during withdrawal, and soldiers may lose access to drugs when deployed in combat for long periods. Service members who plan to advance through the ranks may find their progress hindered by continued drug use. In the end, it is best to address an addiction before it gets out of control – even if you manage to escape consequences with help from The Law Office of Benjamin Greenwald.
The United States Military Has a Zero-Tolerance Drug Policy
The Department of Defense (DoD) has a clear stance on drug use in the military. The DoD enforces a zero-tolerance policy, which means that a soldier may be dishonorably discharged after taking even a small quantity of drugs on a single occasion. Often, soldiers face these consequences after testing positive for drug use. The DoD conducts random drug testing to determine whether service members are taking drugs. This policy has been in place since 1982, and it applies to every branch of the United States military under the Uniform Code of Military Justice (UCMJ).
The UCMJ lists several drug crimes that a soldier may commit while serving in the United States military. These include possessing, using, or manufacturing drugs. In addition, the UCMJ prohibits possession with intent to distribute – similar to federal and New York state laws. Finally, soldiers could face consequences for importing or exporting drugs.
Can I Take Prescription Drugs While in the US Military?
Prescription drugs may be legal to consume while serving in the United States military. That being said, the military is fully aware of the potential for prescription drug abuse. A soldier who plans to take prescription drugs while serving must have a valid prescription. In addition, they must stop taking their prescription drugs six months after they have been dispensed by a pharmacy or doctor.
According to the U.S. Army, the punishments for prescription drug abuse can be as severe as the punishments for illicit drug abuse. The military may see little difference between prescription drugs and cocaine.
Potential Penalties for Drug Use in the Military
Potential penalties for drug use in the military depend on the circumstances of each situation. A soldier who is accused of possessing or manufacturing relatively minor drugs like marijuana (less than 30 grams) or Valium could face two years of confinement, forfeiture of pay, and a dishonorable discharge. The same offense can result in an additional three years of confinement (for a total of five) if it involves harder drugs like cocaine, heroin, or LSD. Soldiers also face the same five-year confinement period for possessing more than 30 grams of marijuana.
If there is an intent to distribute certain prescription drugs (like Xanax, Soma, or Ambien), a soldier may face dishonorable discharge, pay forfeiture, and confinement for up to a decade. Intent to distribute may result in a 15-year confinement period if the offense involves illicit drugs like cocaine, methamphetamine, and heroin.
What if I Was Doing Drugs While on Sentry Duty?
In ancient Rome, a legionary who fell asleep while on sentry duty faced possible execution. Today, the U.S. military takes sentry duty almost as seriously. If a superior officer catches a soldier taking drugs while “acting as a sentinel or lookout,” their period of confinement may increase by five years. This increase may also occur for those who commit any drug offense while in a navy vessel or aircraft. Soldiers stationed at missile launch facilities face the same potential increase in confinement periods. This five-year increase applies in all times of war, or when soldiers receive special pay for hostile fire.
A Dishonorable Discharge Could Remove Various Benefits
Although a dishonorable discharge may seem like a light consequence compared to a decade of confinement, it could be more serious than many service members realize. A dishonorable discharge typically makes it impossible to take advantage of various benefits, such as the G.I. Bill, healthcare, and (somewhat ironically) substance abuse treatment through Veterans Affairs (VA).
Push Back Against Consequences With The Law Office of Benjamin Greenwald
The consequences of drug use in the military may be severe, but they are far from guaranteed. Soldiers who face these consequences may wish to discuss their options with experienced defense attorneys in New York. While the courts-martial system is distinct from New York state and federal law, service members still have various rights if they face allegations of drug use in the military. Various drug defense strategies in New York could prove effective as soldiers attempt to clear their names, avoid consequences, and continue their military careers. Consider continuing this discussion at The Law Office of Benjamin Greenwald by calling (845) 567-4820 today.
