Military Criminal Defense Blog

Any Trace of THC Can Lead To Military Criminal Charges

In the military, suspected consumption of illegal drugs is taken extremely seriously. Knowing possession or use of marijuana is a crime, but what might surprise military members is that the army considers even trace amounts of tetrahydrocannabinol (THC) in your system to be indicative of disallowed substance abuse. In fact, the allowable amount of THC in your system is a mere .0001 percent. Any violation of this prohibition can lead to charges under Article 92 of the Uniform Code of Military Justice for violating a lawful regulation. The Army Regulations regarding substance abuse1 not only ban using marijuana and similar substances for recreational purposes, but go even further to ban the use of hemp oil and similar hemp-related products. Many of these products are harmless, […]

Military Penalties for Social Media Statements

The First Amendment of the Constitution of the United States provides Americans with the right to free speech. While military members also have this right, there are some important limitations based on their service. Specifically, the Uniform Code of Military Justice (UCMJ)1 prohibits military members from using “contemptuous words” regarding prominent government officials, especially the president. This is because the military is expected to serve and follow the orders of these high-ranking officials whether or not they agree with the politics of the administration in power. In order to preserve this neutrality, military members can face consequences if they fail to remain apolitical. However, social media presents a popular platform for political and highly-charged statements for everyone, including military members. While military members are allowed […]

Consequences of a DUI for Military Members

Art. 111 of the Uniform Code of Military Justice (UCMJ)1 makes operating a car, boat, or airplane while drunk a criminal act. This is just like a civilian charge for driving under the influence (DUI) of alcohol. Depending on your situation, you may face DUI charges under either the UCMJ or the civilian laws of the state you are in. The following is some additional information regarding the consequences of a conviction. If you were arrested off base In most cases civilian DUI charges will be filed if you were stopped and arrested off of the installation. Simply because your charges are in civilian court instead of military court, however, does not mean that you will not face military-related consequences for a conviction. Your commanding […]