“Spice” illegal under UCMJ, North Dakota law

  • Published
  • 5th Bomb WIng Judge Advocate
The governor of North Dakota recently made an emergency ruling declaring "Spice," a substance sold on the Internet and in local smoke shops, an illegal substance under state law. Under the emergency order, possession of Spice is a Class C felony, with a maximum punishment of five years confinement and a $5,000 fine.

Spice has been marketed as a legal method to get high with effects similar to marijuana. Despite its rumored "legal" status, Spice is illegal under the Uniform Code of Military Justice, as well as North Dakota law. For military members, using Spice can lead to punishment under the UCMJ, no matter where it is possessed or used, as some Minot AFB Airmen have recently found out.

"There has been an up-tick of Spice use at Minot lately," said Capt. Garrett Bruening, 5th Bomb Wing legal office chief of military justice. "Airmen think this drug is a legal and untestable way to get high, but that is simply not true. Law enforcement can test for Spice, and commanders can punish for Spice. Any Airman who thinks otherwise should fire their dorm lawyer."

"Spice" is a general term for synthetic marijuana manufactured without Tetrahydracannibol, the active chemical found in marijuana. Spice is marketed as a smoking material under many different names, including Spice, Gold, K-2, Pulse, Dark Night, Fire and Ice, Ocean Blue, Zombie World and G Four.

Another drug that is often rumored to be legal is the plant salvia divinorum, or "salvia." However, salvia has been illegal under North Dakota law since 2007, and is also illegal under the UCMJ. Like Spice, salvia is testable by law enforcement and punishable by commanders.

"Airmen need to know that Spice and salvia, just like marijuana, are incompatible with military service," said Chief Master Sgt. Martin K. Smith, 5th BW command chief. "Smoking these drugs is leading to stripes being taken, pay being forfeited, and careers ending. Getting high is bad for Airmen and worse for the mission."

Under the UCMJ, the maximum punishment for use or possession of either Spice or salvia is a dishonorable discharge, forfeiture of all pay and allowances, and up to five years in military confinement. Airmen who are court-martialed or administratively discharged for either Spice or salvia are also subject to losing most of their veteran's benefits, such as the Post 9/11 G.I. Bill, other educational benefits, VA home loans, and disability benefits.

"Airmen who think they've outsmarted the system by using Spice and salvia have only ended up in the justice system," said Chief Master Sgt. Gregory Fleming, 91st Missile Wing command chief. "These drugs are unlawful, they hurt the mission, and they are wrong. We need our Airmen accomplishing the mission, not figuring out new ways of getting high."