Understanding Article 112a, UCMJ: A Guide for Servicemembers Facing Drug Charges

If you’re facing accusations under Article 112a of the Uniform Code of Military Justice (UCMJ), you need to understand what this provision covers, your potential defenses, and how different military branches might handle your case. This article explains the key aspects of military drug offenses and what you should know.

What is Article 112a, UCMJ?

Article 112a criminalizes wrongful use, possession, manufacture, distribution, importation, exportation, or introduction of controlled substances. This includes drugs like marijuana, cocaine, heroin, methamphetamine, and unauthorized prescription medications.

The maximum punishment varies by offense type and drug category, ranging from dishonorable discharge and forfeiture of all pay to significant confinement time:

Simple possession: Up to 5 years confinement
Use: Up to 5 years confinement
Distribution: Up to 15 years confinement (more for certain substances)

The Knowledge Requirement

For a conviction under Article 112a, prosecutors must prove you knowingly and wrongfully used or possessed the controlled substance. This involves two key elements:

Knowledge of consumption: The prosecution must demonstrate you knew you were consuming a drug or had reason to believe what you were consuming contained a controlled substance.
Wrongfulness: Your use must be “wrongful,” meaning without legal justification or authorization.

Innocent Ingestion Defense

One potential defense is “innocent ingestion,” which means you unknowingly consumed the controlled substance. Examples include:

Someone spiked your drink without your knowledge
You took what you reasonably believed was an over-the-counter medication that actually contained controlled substances
You unwittingly consumed food containing drugs

For this defense to succeed, you must convince the finder of fact that:

You did not know you were ingesting a controlled substance
You had no reason to suspect what you were consuming contained prohibited substances
You did not willingly avoid knowing a substance was in the item you consumed

Courts typically evaluate whether a reasonable person in your situation would have known or suspected they were consuming a controlled substance.

Service-Specific Regulations

Each military branch has its own regulations regarding drug abuse, though all operate under the UCMJ framework:

Army

Army Regulation (AR) 600-85: The Army Substance Abuse Program
Emphasizes rehabilitation for self-referrals but maintains zero tolerance for drug abuse
Includes specific provisions for urinalysis testing procedures

Air Force

Department of the Air Force Instruction (DAFI) 90-507: Military Drug Demand Reduction Program
Establishes stricter enforcement measures for certain positions (e.g., nuclear, aviation)
Details specific procedures for urinalysis testing and chain of custody requirements

Navy/Marine Corps

OPNAV Instruction 5350.4D: Navy Alcohol and Drug Abuse Prevention
MCO 5300.17: Marine Corps Substance Abuse Program
Both emphasize “zero tolerance” policies with limited rehabilitation opportunities
Include detailed procedural protections for testing programs

Coast Guard

Commandant Instruction M1000.10: Coast Guard Drug and Alcohol Abuse Program
Focuses on safety-sensitive positions with enhanced testing requirements

Important Considerations

Urinalysis Testing: Military urinalysis programs must follow strict chain of custody procedures. Violations of these procedures may provide a defense.
Prescription Medications: Using prescription medications prescribed to you is not wrongful. However, using medications prescribed to someone else or in a manner inconsistent with the prescription is prohibited.
Legal vs. Military Standards: Substances legal in some states (like marijuana) remain prohibited under military law regardless of state legality.
Self-Reporting: Service regulations generally encourage self-reporting for treatment before an offense is discovered. This doesn’t eliminate consequences but may mitigate them.
Permissive Inference: A positive drug test can create a “permissive inference” of knowing use, shifting the burden to you to explain how the substance entered your system without your knowledge.

Next Steps

If you’re facing Article 112a charges, you should:

Consult with a military defense attorney immediately
Document everything related to your case
Identify potential witnesses who can support your defense
Preserve any evidence that might help explain innocent ingestion, if applicable
Understand your branch’s specific procedures and your rights under them

Remember, a drug offense can have serious consequences for your military career and civilian life afterward. Seek qualified legal representation as soon as possible to protect your rights.

Contact Kral Military Defense Now

Kral Military Defense

Military Defense Attorneys

855-707-UCMJ

Our Team

Let's Talk

Please complete the form below and we will reach out to set up a time to discuss your case.

Name *

Email *

Phone *

Where Are You Located? *

What Legal Services Do You Need?

Briefly Describe Your Situation

*Please note, KMD does not handle cases involving the Department of Veterans Affairs, disability claims, or family law matters.

By submitting, you agree to receive text messages at the provided number from Kral Military Defense. Message frequency varies, and standard message and data rates may apply. You have the right to OPT-OUT receiving messages at any time. To OPT-OUT, reply "STOP" to any text message you receive from us. Reply HELP for assistance. See Privacy Policy details.

Website

Excellent

4.9

Rico Ruiz

100% professional and timely. Abbigayle and Danielle walked me through every step. They were monsters, coming in swinging and more blood thirsty than a 1986 Mike Tyson. If you want someone in your corner that goes in with “naval guns”, then these are your gals.

Curley Harris

Worth.Every.Dollar.

Victoria Jones

Wow! Danielle from this Firm has been nothing short of AMAZING! She helped me get to the bottom of my issue with one of my legal forms in the Military, and gave me more Hope to my specific case! She was relentless and offered her help in every way. She was prompt on our call, diligent and very responsive. I really appreciate everything and I'm excited for the future! Thank you Kral Military Defense for your help along this journey! I'm glad I was recommended to you!!!

Ryan Couzens

I am a criminal defense attorney in Northern California; I have had multiple clients with potential military issues with their criminal case. I researched military law attorneys and found she came highly reviewed. These military law questions require particular expertise to see how they can affect my clients, and Stephanie Kral always responded timely with great advice to help my clients. Whenever I have a military question, I contact Stephanie Kral.

Jeffrey Johnston

Stephanie and the Kral Military Defense firm did an excellent job fighting my NILD (not in the line of duty) determination. They are extremely knowledgeable and professional. The rebuttal that they wrote convinced the appointing authority to reverse their decision and I am not on track to receive the benefits that I earned. I highly recommend this firm for any military related matters.

Dallas Howell

Stephanie was very kind and always gave great advice. She responded to all my questions in a timely manner. 10/10 recommend.

Fred

If you are reading this more than likely you are in desperation mode and looking for a military defense lawyer. STOP looking, you found steph and her team. From the go i was taken care of, every question answered and every worry put at ease. The way steph strategized and wrote my defense i could not have done myself nor i think any jag would have done it. I remember sitting across from her very worried and nervous, she asked what was i worried about and i named off a couple corncerns, she went on to explain them all and why i should not worry because she had it handled. There is no price for that feeling. Her and her teams many years of experience is what you need. Thank you steph. I can now move on and reach that finish line.

DeAndre Fletcher

Good morning, Afternoon or Evening to all.
I recently had Stephanie, Lindsey and Danielle as my defense counsel team. They were very professional, approachable and available to assist, give information and be readily available. Nothing but a wonderful experience, definitely help me keep my stress levels at bay while dealing with the legal process regarding my case. I am keep their contact information on hand for anyone who will ever need there services. Highly recommended.

Beautiful

I found myself in an unfortunate situation where I was in desperate need for a military defense attorney. Steph, Abbey and Danielle are a POWERHOUSE together. They’re so knowledgeable and professional. I just remember being told that I was getting an automatic ADSEP and all I can say is that I’m still here with an amazing outcome. I highly recommend if you want to save your military career, especially if you find yourself feeling hopeless about your legal situation 100% retain this law firm you won’t regret it. I am beyond grateful to have had KMD on my side.
Thank you so much again for a fantastic job!:) Teiona B

Candice Thompson

I found myself in an unfortunate situation where I was desperate for an attorney. I am so glad that I found KMD. Steph is a POWERHOUSE and didn't back down during the entire case. She is so knowledgeable and uses her knowledge to your advantage. I could not recommend her more, especially if you find yourself feeling hopeless about a legal case. I am beyond grateful to have met Steph and have her on my side.

Jasmine Rodriguez

Found myself in an unfortunate situation where I was in need of a lawyer. Luckily when I did a google search Kral Military Defense was the first website to pop up. If you are willing to fight for your name and career, then look no further Kral Military Defense is who you want on your side. Stephaine and her team are very knowledgeable and professional.

matthew larason

Kral Military Defenses has my highest recommendation! If you are a service member and need an attorney who is responsive, intelligent, and treats you like a person, not just a number. She is the attorney for you.

I was on deployment when I needed an attorney. Kral Military Defense took care of my legal affairs while I was out to sea. It was a weight off my shoulders knowing she was handling my situation back home while I was gone.

When my chain of command was putting unnecessary limitations on my liberty because of my legal situation. She went above and beyond by contacted my ship and was able to get them lifted.

Kral Military Defense was able to resolve my situation with no action taken against myself. If I ever need of a defense attorney ever again I'm 100% coming back to Kral Military Defense.

graham de la garza

My local Military Defense Counsel is very short staffed so I had trouble getting a hold of them. Not wanting to wait I contacted Ms. Danielle Espinosa over the weekend and she was able to help review and discuss my response with me before it was due Monday. She was extremely knowledgeable, cut the fluff and told me like it was. I recommend anyone serious about the future of their Military Career to work with this team. Thank you for your help!

Chad S.

When I retained Ms. Kral, I was a nervous wreck. As she worked with me over the course of 18 months, she was compassionate and was able to assure me that I would have a future. Even my command JAG assured me I’d be alright when I hired her. I couldn’t have asked for a better outcome with my case. Ms. Kral should be your choice if you need a military defense attorney.

Rufus Byrd

Abbigayle Hunter and her legal team, especially Danielle Espinosa, were exceptional! The communication was prompt, professional, and thorough. From the moment we reached out to them, they showed a genuine interest in understanding our case and providing us with the best legal representation possible.

Abbigayle Hunter and Danielle Espinosa, went above and beyond to ensure that we were kept informed throughout the entire legal process. They promptly responded to our emails and phone calls, addressing any concerns or questions we had. Their attention to detail and extensive knowledge of the law instilled confidence in us that we were in capable hands.

Not only did Abbigayle Hunter and her team provide us with excellent communication, but they also displayed a remarkable level of expertise. They meticulously examined every aspect of our case, leaving no stone unturned. Their dedication and commitment to our case were evident in the meticulous research they conducted, the thorough documentation they prepared, and the persuasive arguments they presented.

Abbigayle Hunter not only possessed an impressive understanding of the law but also had excellent negotiation skills. Her tirelessly advocated on our behalf, ensuring that our interests were protected and our rights were upheld. Their ability to navigate complex legal matters and maneuver through any obstacles that arose was truly remarkable.

Kourtni Bernicky

Stephanie and her team were AMAZING! I found her through a mutual friend and she handled my case with care and compassion. Even her team checked on me, answered all my questions I had, overall she made sure everything was token care of during the ENTIRE process! When she told me “don’t you worry, that’s my job” I truly believe her and in the end she got the results that I am so grateful for! Hopefully I won’t have to go through the process again but if I have to she will most definitely be the woman I WILL call on! Thank you so much Stephanie and Danielle you both made this process a lot less stressful with your knowledge and compassion towards me and my case!!!

Jonathon Lynch

Steph and her team worked diligently to ensure all evidence or lack there of was thoroughly examined. Her knowledge and experience within the military justice system gave me piece of mind throughout the process as she was well versed in the way everything played out. My family and I are grateful for the hard work and professionalism displayed by everyone on her team. Thank you!

Marcos Maldonado

Steph was the first and clear choice to handle my ADSEP board. I was facing serious allegations, which she handled with professionalism while keeping me posted along the way. Her expertise in UCMJ matters is second to none. Without her I would have probably lost my retirement benefits.

Jameel Yusuf

Stephanie is very experienced and a great attorney.

Tim Malikie

There are many things that I could say about this particular law firm, but instead of going into the weeds on my particular case, I feel as though brevity would be the best choice here. I was primarily represented by Ms. Abbigayle Hunter, and in short, I believe the representation by Ms. Hunter was above reproach. I couldn’t have asked for a better legal professional to handle the complexities of my particular case. She was transparent, punctual, and actually made me feel as though she was personally invested, despite the fact that she had already been paid for representation. She didn’t sugarcoat hard truths and was very up front about all different aspects relating to my case. It was comforting in a way that she was also a fellow service member, and it made me feel as though she took this case to heart and it added another level of drive to the case. Ms. Hunter has a certain tenacity in the courtroom that I found very refreshing to witness, and I would strongly recommend her to anyone else seeking legal advice. Would actively seek to be represented by her again, though also hoping it’s never needed.

Jamal Stephens

Outstanding!!!! She's very smart, knows her job, and communicates with you all the time with the best of her knowledge. I highly recommend Kral Military Defense!!!

Vincent Hurtado

After my command refused to give me due process, I was lost for words and truly had no where to turn. A shipmate referred me to Steph and it was the best possible recommendation I have ever received. Reliable, expert, professional and overall just a great person. She never lost sight of my case and would check in on me to ensure I was doing good personally. I highly recommend her services to anyone who may have a legal issue. At minimum, request a consultation. I can assure that you will not be dissatisfied!