Drug use in the military is treated much more seriously than in civilian life. Even though some states have relaxed laws around certain drugs, the military still enforces strict rules. The Uniform Code of Military Justice, or UCMJ, bans service members from using controlled substances that affect the mind, mood, body, or overall ability to function. Violating these rules can lead to serious consequences, including court-martial, discharge, or loss of benefits.
Article 112a, UCMJ
Article 112a makes it illegal for service members to use, possess, manufacture, distribute, import, or introduce controlled substances into a military setting. Controlled substances include cocaine, heroin, amphetamines, LSD, and marijuana. A service member is only guilty if their actions are wrongful, meaning they knowingly used or possessed the drug. For example, if someone believed a substance was sugar but it turned out to be cocaine, they would not be guilty.
The military uses specific cutoff levels to determine if a drug test is positive. Some common cutoff values are: THC 15 ng/ml, cocaine 100 ng/ml, codeine 2000 ng/ml, morphine 4000 ng/ml, heroin 10 ng/ml, and D-meth 100 ng/ml. Punishments for manufacturing, distributing, or importing controlled substances are more severe than for simple use.
Testing for Drug Use
Drug testing in the military usually happens through urinalysis. These tests screen for a wide range of substances including amphetamines, cocaine, MDMA, heroin, synthetic cannabinoids, LSD, marijuana, methamphetamine, opium, prescription drugs, and newer street drugs like bath salts and spice. The military regularly updates testing protocols to catch emerging drugs and their metabolites.
Delta-8 THC versus Delta-9 THC
The military traditionally tested only for delta-9 THC, the controlled substance in cannabis. Recently, testing expanded to include delta-8 THC, which is not federally controlled but still psychoactive. Service members using delta-8 THC can face charges for violating lawful orders, even if they cannot be charged under Article 112a. If ingestion was unintentional, they may be able to defend themselves using the defense of innocent ingestion.
Mandatory Processing for Separation
The Department of Defense has a zero-tolerance policy for drug abuse. Any confirmed use triggers mandatory processing. This does not always mean separation, but serious cases can result in court-martial. Service members with less than six years of service may face administrative separation, while those with more than six years are entitled to a separation board hearing. Minor cases often result in nonjudicial punishment or summary court-martial, while serious cases move to full court-martial proceedings.
Random, For-Cause, and Probable Cause Testing
Random drug testing selects service members through a computerized system, making it unpredictable and fair. Testing frequency varies, and the random nature serves as a deterrent. For-cause testing occurs when a commanding officer has a reasonable suspicion of drug use based on observation, evidence, or reliable testimony. Probable cause testing requires stronger evidence to convince a reasonable person that drug use has occurred. Both processes aim to identify misuse while protecting service members’ rights.
Drug Testing Methods and Accuracy
Urine tests are the most common, offering convenience and accuracy. Blood tests have a shorter detection window and confirm recent use. Hair follicle tests can detect drug use over months. If a test comes back positive, confirmatory testing using gas chromatography-mass spectrometry ensures accuracy. This reduces false positives and protects service members from wrongful charges.
Service Members’ Rights
Refusing a drug test can result in disciplinary action, including court-martial and possible discharge under less than honorable conditions. Legal representation is allowed for any service member facing a positive test. Defense attorneys can challenge testing procedures, collection methods, or results to protect careers. Appeals processes exist for re-examining evidence and testing methods to prevent unfair punishment.
Support and Rehabilitation
Substance abuse programs are available for service members who test positive. Counseling and treatment programs help address underlying issues and restore readiness for duty. These programs also support career retention and long-term well-being.
Impact on Military Career
Failing a drug test can impact rank, benefits, and future employment. Administrative actions or discharge are possible depending on the case. The type of discharge affects access to veterans’ benefits and civilian opportunities. Legal defense can help reduce consequences and protect service members from unnecessary separation or punitive outcomes.
Get Legal Help
Drug testing in the military is strict, detailed, and continuously updated to reflect new substances. Positive test results do not automatically mean a conviction, but they can have major career consequences. Experienced military defense lawyers can investigate the testing process, challenge results, and provide legal strategies to defend your career and your rights. If you are facing drug allegations or have questions about military drug tests, call Mangan Law at (360) 908-2203 today to protect your military career.