drugs Tag Archives — Court-Martial Trial Practice Blog

Drug testing in the recruiting service

May 20, 2024 | The Law Office of Philip D. Cave

It is reported by Stars & Stripes that the NDAA for 2025 will include a provision barring testing for marijuana of new applicants for military service.

The NDAA proposal’s idea is that the marijuana testing requirement discourages potential recruits from enlisting. This concern is particularly significant because the Services are currently facing recruiting challenges. By removing this barrier, the provision aims to attract a larger pool of applicants, potentially addressing the recruiting problems.

Preservice drug use can be a bar to enlistment. It depends on what drug, how often, and how close in time to the application process. It was not unusual to hear of recruiters telling a poolee to say they only experimented with the drug when applying. With that statement, a waiver could be possible. The benefit to the recruiter was getting an enlistment and meeting her quarterly quota.

Up periscope 82

October 2, 2010 | The Law Office of Philip D. Cave

Army Times reports:

The Army has launched a crackdown on the drug spice at least nine commands in response to a spike in usage among soldiers.

A designer drug that mimics marijuana, spice is legal in most states, and is available for sale in smoke shops and online for around $50 for three ounces.

Up periscope WE 090510

May 9, 2010 | The Law Office of Philip D. Cave

The Capital reports that:

Standout slotback Marcus Curry, whose off-field behavior drew as much attention as his on-field exploits, has been dismissed from the Naval Academy football team.

Curry was charged with an unauthorized absence for failing to be in his dormitory room in Bancroft Hall when required.

Up periscope

April 14, 2010 | The Law Office of Philip D. Cave

Military.com reports that:

They are sold under catchy names like Sage of the Seers, Magic Mint and Thang, designer drugs that can be legally sold at shops and online in most cases.

But due to their increasing use by Sailors and the effects they cause, these designer drugs have been added to the U.S. Navy’s zero-tolerance drug-abuse policy.

CAAF’s put out an opinion in Blazier

March 24, 2010 | The Law Office of Philip D. Cave

United States v. Blazier. Here are the relevant portions of the opinion written by Judge Ryan for the moment.

This case presents the question whether the admission of drug testing reports” over defense objection violated Appellant’s rights under the Sixth Amendment’s Confrontation Clause. The antecedent question, whether certain admitted evidence was testimonial, we answer affirmatively, and contrary to the decision of the United States Air Force Court of Criminal Appeals (CCA), United States v. Blazier, 68 M.J. 544 (A.F. Ct. Crim. App. 2008).

Having resolved the threshold question, and given the ubiquity of drug testing within the
military, we conclude that additional briefing is warranted prior to final disposition of the case.

Concerned about alcohol abuse

February 14, 2010 | The Law Office of Philip D. Cave

The Navy’s largest overseas installation has seen a significant drop in incidents of drinking and driving over the last two years, thanks in part, to a persistent sobriety checkpoint program, according to base officials.

Stars & Stripes reports.

The answer to alcohol related incidents, including deaths, injury, and property damage is simple. Treat alcohol as the drug that it is. Treat alcohol the same way any other drug use is treated in the military. Alcohol is considered the number one drug of abuse is it not. Ban alcohol use unless it is prescribed.

Spice prohibited, alcohol still good to go

February 6, 2010 | The Law Office of Philip D. Cave

A new order from Marine Corps Forces Command explicitly prohibits Marines from using a number of legal substances, including the herbal blend Spice, to achieve an altered state of consciousness or a druglike “high.” . . . The order, dated Jan. 27, bars Marines from using, possessing, attempting to possess, manufacturing or introducing onto military installations any of 10 substances that cause “legal highs.” Spice and salvia divinorum, including their many aliases, are at the top of the list.

JDNews.com reports.

According to MARFORPAC Order 5355.2, the substances known as Spice and Salvia Divinorum, while not listed as a controlled substance and highly accessible by service members, are hereby prohibited to all service members assigned within the MARFORPAC chain of command.

Military, drugs, and sports – lots of tolerance

January 28, 2010 | The Law Office of Philip D. Cave

I have often wondered about how sports players get breaks regular people don’t. This applies within the military just as much as in the civilian community. Hypocrisy rains in the name of sports.

A Naval Academy football player is being permitted to continue as a midshipman even after testing positive for drug use, according to multiple sources and Web sites that have sprung up to criticize the decision.

Every day throughout the services young enlisted men and women are being disciplined, including court-martial, for drugs. Their lives are stained forever (this assumes a continuing of the low chance of success for a discharge upgrade). These un-athletic people are subject to:

AF annual drug warning

November 12, 2009 | The Law Office of Philip D. Cave

I’m not sure why, but it seems the Air Force must have a checklist of annual warnings. The official website makes one about prescription drugs, entitled: Prescription meds: Proceed with caution. The caution advises that misuse of prescription medications can result in disciplinary action, including court-martial.

When Airmen ignore inspecting their medicine cabinets they risk possible damage to their careers and, more importantly, can jeopardize their health.

This becomes a problem later if Airmen take prescribed medications after the prescription has expired.