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10 U.S.C. § 912a — Art. 112a. Wrongful use, possession, etc., of controlled substances
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct.
**(b)** The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance.
(2) Any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of this article.
(3) Any other substance not specified in clause (1) or contained on a list prescribed by the President under clause (2) that is listed in schedules I through V of section 202 of the Controlled Substances Act ([21 U.S.C. 812](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim)).
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Source file: Laws/federal/codes/united-states-code/title-10/section-912a-art-112a-wrongful-use-possession-etc-of-controlled-substances--17ce1a1b3b.md
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Source location: Title 10, Chapter 47, § 912a; chapter-047-uniform-code-of-military-justice.md
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**(a)** Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct.
**(b)** The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance.
(2) Any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of this article.
(3) Any other substance not specified in clause (1) or contained on a list prescribed by the President under clause (2) that is listed in schedules I through V of section 202 of the Controlled Substances Act ([21 U.S.C. 812](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after October 27, 1970, and shall be updated and republished on an annual basis thereafter.11 See Amendment of Schedules of Controlled Substances note below.
**(b) Placement on schedules; findings required** Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows:
(1) **Schedule I.—**
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
(2) **Schedule II.—**
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions.
(C) Abuse of the drug or other substances may lead to severe psychological or physical dependence.
(3) **Schedule III.—**
(A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 812
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Under joint regulations to be prescribed by the administering Secretaries, a member of a uniformed service described in paragraph (2) is entitled to medical and dental care in any facility of any uniformed service.
(2) Members of the uniformed services referred to in paragraph (1) are as follows:
(A) A member of a uniformed service on active duty.
(B) A member of a reserve component of a uniformed service who has been commissioned as an officer if—
(i) the member has requested orders to active duty for the member’s initial period of active duty following the commissioning of the member as an officer;
(ii) the request for orders has been approved;
(iii) the orders are to be issued but have not been issued or the orders have been issued but the member has not entered active duty; and
(iv) the member does not have health care insurance and is not covered by any other health benefits plan.
**(b)**
(1) Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed service who is entitled to retired or retainer pay, or equivalent pay may, upon request, be given medical and dental care in any facility of any uniformed service, subject to the availability of space and facilities and the capabilities of the medical and dental staff. The administering Secretaries may, with the agreement of the Secretary of Veterans Affairs, provide care to persons covered by this subsection in facilities operated by the Secretary of Veterans Affairs and determined by him to be available for this purpose on a reimbursable basis at rates approved by the President.
(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1074
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Commandant shall maintain all work product related to documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of an offense against chapter 47 of title 10.
**(b) Record Retention Period.—** Work product documents and the case action summary described in subsection (c) shall be maintained for a period of not less than 7 years from the date of the disposition decision.
**(c) Case Action Summary.—** Upon a final disposition action for cases described in subsection (a), except for offenses of wrongful use or possession of a controlled substance under [section 912a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section912a&num=0&edition=prelim) (article 112a of the Uniform Code of Military Justice), where the member accused is an officer of pay grade O–4 and below or an enlisted member of pay grade E–7 and below, a convening authority shall sign a case action summary that includes the following:
(1) The disposition actions.
(2) The name and command of the referral authority.
(3) Records documenting when a referral authority consulted with a staff judge advocate or special trial counsel, as applicable, before a disposition action was taken, to include the recommendation of the staff judge advocate or special trial counsel.
(4) A reference section listing the materials reviewed in making a disposition decision.
(5) The Coast Guard Investigative Service report of investigation.
(6) The completed Coast Guard Investigative Service report of adjudication included as an enclosure.
**(d) Definition.—** In this section, the term “work product” includes—
(1) a prosecution memorandum;
(2) emails, notes,
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2532
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Federal law — U.S. Code and appendices · legal_authorities
Page 818
TITLE 10—ARMED FORCES
§ 912a
who is found drunk on duty, shall be punished as a
court-martial may direct.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective on Jan. 1,
2019, as designated by the President, with imple-
menting regulations and provisions relating to applica-
bility to various situations, see section 5542 of Pub. L.
114–328 and Ex. Ord. No. 13825, set out as notes under
section 801 of this title.
§ 912a. Art. 112a. Wrongful use, possession, etc.,
of controlled substances
(a) Any person subject to this chapter who
wrongfully uses, possesses, manufactures, dis-
tributes, imports into the customs territory of
the United States, exports from the United
States, or introduces into an installation, ves-
sel, vehicle, or aircraft used by or under the con-
trol of the armed forces a substance described in
subsection (b) shall be punished as a court-mar-
tial may direct.
(b) The substances referred to in subsection (a)
are the following:
(1) Opium, heroin, cocaine, amphetamine, ly-
sergic acid diethylamide, methamphetamine,
phencyclidine, barbituric acid, and marijuana
and any compound or derivative of any such
substance.
(2) Any substance not specified in clause (1)
that is listed on a schedule of controlled sub-
stances prescribed by the President for the
purposes of this article.
(3) Any other substance not specified in
clause (1) or contained on a list prescribed by
the President under clause (2) that is listed in
schedules I through V of section 202 of the
Controlled Substances Act (21 U.S.C. 812).
(Added Pub. L. 98–209, § 8(a), Dec. 6, 1983, 97 Stat.
1403.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective first day of eighth calenda
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 912a
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Federal law — U.S. Code and appendices · legal_authorities
Page 799
TITLE 21—FOOD AND DRUGS
§ 812
1 See Amendment of Schedules of Controlled Substances note
below.
3768, which enacted sections 801a, 830, and 852 of this
title, amended sections 352, 802, 811, 812, 823, 827, 841 to
843, 872, 881, 952, 953, and 965 of this title and section
242a of Title 42, The Public Health and Welfare, re-
pealed section 830 of this title effective Jan. 1, 1981, and
enacted provisions set out as notes under sections 801,
801a, 812, and 830 of this title. For complete classifica-
tion of this Act to the Code, see Short Title of 1978
Amendment note set out under section 801 of this title
and Tables.
This subchapter and subchapter II of this chapter, re-
ferred to in subsec. (g)(1), was in the original ‘‘titles II
and III of the Comprehensive Drug Abuse Prevention
and Control Act’’, which was translated as meaning ti-
tles II and III of the Comprehensive Drug Abuse Pre-
vention and Control Act of 1970, Pub. L. 91–513, Oct. 27,
1970, 84 Stat. 1242, 1285, to reflect the probable intent of
Congress. Title II is classified principally to this sub-
chapter and part A of title III comprises subchapter II
of this chapter. For complete classification of this Act
to the Code, see Short Title notes set out under section
801 of this title and Tables.
AMENDMENTS
2015—Subsec. (j). Pub. L. 114–89 added subsec. (j).
2014—Subsec. (i). Pub. L. 113–260 added subsec. (i).
2012—Subsec. (h)(2). Pub. L. 112–144 substituted ‘‘2
years’’ for ‘‘one year’’ and ‘‘1 year’’ for ‘‘six months’’.
2004—Subsec. (g)(1). Pub. L. 108–358, § 2(b)(1), sub-
stituted ‘‘drug which contains a controlled substance
from the application of this subchapter and subchapter
II of this chapter if such drug’’ for ‘‘substance from a
schedule if such substance’’.
Subsec. (g)
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 812
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