New testing, harsher penalties for Airmen using spice

  • Published
  • By Capt. Mike Kirkland
  • Minot Air Force Base Legal Office
It's important Air Force Global Strike Command and Team Minot Airmen become aware of The Department of Defense's two major announcements it has made concerning its efforts to detect and prosecute military members' use of synthetic cannabis products, commonly referred to as spice.

The Defense Department announced it has developed a urinalysis test which can detect the presence of synthetic cannabinoids in a member's urine. Prior to this test, the department was able to detect spice use only through searches of military members' property. The new urinalysis test adds an additional method for detecting and preventing the use of synthetic cannabis among servicemembers.

On March 1, the Department of Justice announced that synthetic cannabinoids are now listed as schedule I controlled substances under federal law. This means its possession, use or distribution is now a crime throughout the United States.

The Department of Justice has found, "based on scientific data currently available, that these 'synthetic cannabinoids' have the potential to be extremely harmful."

Because synthetic cannabinoids are now classified as a schedule I controlled substance, Airmen caught using or possessing them can now face a more severe punishment under the Uniform Code of Military Justice. Specifically, Airmen found guilty at a court-martial of distributing or introducing synthetic cannabis on a military installation will face a maximum sentence of a dishonorable discharge and up to 15 years of confinement. In addition, the possession of synthetic cannabis poses a maximum sentence of a dishonorable discharge and up to five years of confinement.

Administrative procedures for members caught with synthetic cannabis include the loss of rank, a general discharge, recoupment of educational benefits, and the loss of thousands of dollars in Veterans Administration benefits such as the G.I. Bill.

Previously, in February 2010, the state of North Dakota made the use of synthetic cannabis illegal. Under Article 134 of the UCMJ, commanders at Minot Air Force Base were able to incorporate this state law as military law. In June 2010, the Air Force implemented a Policy Guidance Memorandum to AFI 44-121, making it a dereliction of duty to use or posses synthetic cannabis.

Since February 2010, more than 20 military members have been court-martialed or administratively discharged for the use of synthetic cannabis at Minot AFB. These prosecutions have been done under Article 134 of the UCMJ, in reference to North Dakota law and AFI 44-121. Now, prosecutions can be done under Article 112a of the UCMJ, which imposes harsher penalties at court-martial.

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