Several categories of the drug offenses
There are several categories of the drug offenses under the UCMJ:
- UCMJ art. 112a. Covers certain drugs listed in the statutory language of Art. 112a,substances listed under Schedules I through V of the Controlled Substances Act (21 U.S.C. § 812), and any other drugs that the President may see fit to prohibit in the military.
- AR 600-85, the Army Substance Abuse Program (2 February 2009), para. 4-2m.This is a punitive provision that expands the list of drugs that Soldiers are prohibited from using. Offenses are punished under UCMJ art. 92(1).
- There are numerous hazardous substances that are not expressly contained in any ofthe two categories described above. Such substances may be prohibited by operation of other federal statutes, for example 21 U.S.C. § 813. In the absence of such a statute applicable to a particular hazardous substance, the use, possession, distribution, or manufacture or such substances may still be prohibited by other provisions of Title 21 of the U.S. Code. If this is the case, then such misconduct may be prosecuted under clause three of Article 134. See, e.g., United States v. Reichenbach , 29 M.J. 128 (C.M.A. 1989)
- Finally, the abuse of substances not included in the categories described above mayalso violate clauses 1 and 2 of Article 134. See generally United States v. Reichenbach , 29 M.J. 128 (C.M.A. 1989); see, e.g., United States v. Erickson , 61 M.J. 230 (C.A.A.F. 2005) (wrongful inhalation of nitrous oxide that impaired thinking and could damage the brain); United States v. Glover , 50 M.J. 476 (C.A.A.F. 1999) (wrongful inhalation of aeresol “dust-off”).After 2 Feb 09, the conduct in both Erickson and Glover of these cases would be covered under AR 600-85, para. 4-2m (4-2p after Rapid Action Revision on 2 Dec 09).