Article 112a, UCMJ.  WRONGFUL USE, POSESSION, DISTRIBUTION, ETC. OF A CONTROLLED SUBSTANCE

(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).

Elements.

(1) Wrongful possession of controlled substance.

(a) That the accused possessed a certain amount of a controlled substance; and
(b) That the possession by the accused w a s wrongful.

(2) Wrongful use of controlled substance.

(a )That the accused used a controlled substance; and
(b) That the use by the accused was wrongful.

(3) Wrongful distribution of controlled substance.

(a )That the accused distributed a certain amount of a controlled substance; and
(b) That the distribution by the accused was wrongful.

(4) Wrongful introduction of a controlled substance.

(a) That the accused introduced onto a vessel, aircraft, vehicle, or installation used by the armed forces or under the control of the armed forces a certain amount of a controlled substance; and
(b) That the introduction was wrongful.

(5) Wrongful manufacture of a controlled substance.

(a )That the accused manufactured a certain amount of a controlled substance; and
(b) That the manufacture was wrongful.

(6) Wrongful possession, manufacture, or introduction of a controlled substance with intent to distribute.

(a ) That the the accused (possessed)(manufactured)(introduced) a certain amount of a controlled substance;
(b) That the (possession) (manufacture) (introduction) was wrongful; and
(c) That the (possession) (manufacture) (introduction) was with the intent to distribute.

(7) Wrongful importation or exportation of a controlled substance.

(a) That the accused (imported into the customs territory of) (exported from) the United States a certain amount of a controlled substance; and
(b) That the (importation)(exportation) was wrongful.

For more information on this offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.