U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 912a

Art. 112a. Wrongful use, possession, etc., of controlled substances

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(a) 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.(b) The substances referred to in subsection (a) are the following:(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance.(2) 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.(3) 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).(Added Pub. L. 98–209, § 8(a), Dec. 6, 1983, 97 Stat. 1403.)Statutory Notes and Related SubsidiariesEffective Date

Section effective first day of eighth calendar month beginning after Dec. 6, 1983, but not applicable to any offense committed before that date and not to be construed to invalidate the prosecution of any offense committed before that date, see section 12(a)(1), (5) of Pub. L. 98–209, set out as an Effective Date of 1983 Amendment note under section 801 of this title.

Procedures for Forensic Examination of Certain Physiological Evidence

Pub. L. 100–180, div. A, title XII, § 1248, Dec. 4, 1987, 101 Stat. 1166, provided that:“(a)Establishment of Procedures.—The Secretary of Defense shall establish procedures to ensure that whenever, in connection with a criminal investigation conducted by or for a military department, a physiological specimen is obtained from a person for the purpose of determining whether that person has used a controlled substance—“(1) the specimen is in a condition that is suitable for forensic examination when delivered to a forensic laboratory; and“(2) 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.“(b)Transportation of Specimens.—The procedures prescribed under subsection (a)—“(1) shall ensure that physiological specimens are preserved and transported in accordance with valid medical and forensic practices; and“(2) 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).“(c)Tests for Use of LSD.—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).“(d)Rule of Construction.—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.“(e)Controlled Substances Covered.—For purposes of this section, a controlled substance is a substance described in section 912a(b) of title 10, United States Code.“(f)Report.—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.”

Notes of Decisions
Cited in 1,322 cases (158 in the last 5 years), 1984–2026 · leading case: United States v. Lane, 64 M.J. 1 (C.A.A.F. 2006).
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United States v. Lane, 64 M.J. 1 (C.A.A.F. 2006). · cites it 5× “9 Pursuant to applicable regulations, he has been designated as a “key employee” assigned to the Active Status List within the Standby Reserve, where he is eligible to participate in reserve 6 10 U.S.C. § 912a (2000). 7 Article 66(b), UCMJ, provides for review by a court of…”
United States v. Thomas, 65 M.J. 132 (C.A.A.F. 2007). · cites it 6× “We granted review in this case to consider whether the offense of wrongful introduction of a controlled substance onto a military installation, Article 112a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 912a (2000), requires, as an essential element, that the accused…”
United States v. Quiroz, 55 M.J. 334 (C.A.A.F. 2001). · cites it 2× “Appellee also was convicted of two specifications involving wrongful possession of marijuana and one specification of wrongful manufacture of marijuana, in violation of Article 112a, UCMJ, 10 USC § 912a. Appellee was sentenced to a dishonorable discharge, confinement for 10…”
United States v. Fletcher, 62 M.J. 175 (C.A.A.F. 2005). · cites it 2× “Technical Sergeant Terry Fletcher entered a plea of not guilty to wrongful use of cocaine in violation of Article 112a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 912a (2000). He was tried and sentenced by members to a bad-conduct discharge, one month of confinement…”
United States v. Scalo, 60 M.J. 435 (C.A.A.F. 2005). · cites it 2× “At a general court-martial composed of a military judge sitting alone, Appellant was convicted, pursuant to his pleas, of wrongful use of marijuana (four specifications), wrongful possession of marijuana (three specifications), and forgery (two specifications), in violation of…”
United States v. White, 54 M.J. 469 (C.A.A.F. 2001). · cites it 2× “A general court-martial convicted appellant, pursuant to his pleas, of wrongfully using cocaine, in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a. The court- martial, composed of officer members, sentenced appellant to a bad-conduct discharge,…”
United States v. Walters, 58 M.J. 391 (C.A.A.F. 2003). · cites it 2× “Contrary to his plea, he was convicted of wrongful use of "ecstasy," a Schedule I controlled substance, in violation of Article 112a, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. § 912a (2000). The adjudged and approved sentence consisted of a total forfeiture…”
United States v. Pope, 69 M.J. 328 (C.A.A.F. 2011). · cites it 2× “Contrary to Appellant’s pleas, a panel of officers sitting as a special court-martial convicted her of wrongful use of cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 912a (2006). The panel sentenced Appellant to a bad-conduct…”
United States v. Bennitt, 72 M.J. 266 (C.A.A.F. 2013). · cites it 4× “A few members of Appellant’s unit asked him on February 14, 2009, to get pills 1 Although, irrelevant to this appeal, Appellant also pled guilty to and was convicted of four specifications each of wrongful distribution of a controlled substance, and wrongful use of a controlled…”
Weiss v. United States, 510 U.S. 163 (1994). · cites it 2× “Petitioner Hernandez, also a Marine, pleaded guilty to the possession, importation, and distribution of cocaine, in violation of Article 112a, UCMJ, 10 U. S. C. § 912a, and conspiracy, in violation of Article 81, UCMJ, 10 U.”
United States v. Carter, 61 M.J. 30 (C.A.A.F. 2005). · cites it 2× “mposed of officer members, Appellee/Cross-Appellant (Appellee) was convicted, pursuant to his pleas, of using marijuana, distributing marijuana, distributing cocaine, introducing marijuana onto an installation with intent to distribute, and introducing cocaine onto an…”
United States v. Perron, 58 M.J. 78 (C.A.A.F. 2003). · cites it 2× “In accordance with his pleas, Appellant was convicted of one specification of wrongful possession of a controlled substance and two specifications of wrongful use of a controlled substance, in violation of Article 112a, Uniform Code of Military Justice [hereinafter UCMJ], 10…”
Show all 1,322 citing cases →
— 10 U.S.C. § 912a(a) — 3 cases
United States v. Maio, 34 M.J. 215 (1992).
United States v. Spears, 39 M.J. 823 (1994).
Cunningham v. United States (Fed. Cir. 2025).
— 10 U.S.C. § 912a(b)(1) — 2 cases
United States v. Stringfellow, 32 M.J. 335 (1991).
United States v. Selman (A.F.C.C.A. 2015).
— 10 U.S.C. § 912a(b)(3) — 1 case
United States v. Specialist GLENN M. BRADLEY, 68 M.J. 556 (A.C.C.A. 2009).
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