10 U.S.C. § 912a — Art. 112a. Wrongful use, possession, etc.,

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 calendar month beginning after Dec. 6, 1983, but not applicable to any offense committed before that date and not to be con- strued to invalidate the prosecution of any offense committed before that date, see section 12(a)(1), (5) of Pub. L. 98–209, set out as an Effective Date of 1983 Amendment note under section 801 of this title. PROCEDURES FOR FORENSIC EXAMINATION OF CERTAIN PHYSIOLOGICAL EVIDENCE Pub. L. 100–180, div. A, title XII, § 1248, Dec. 4, 1987, 101 Stat. 1166, provided that: ‘‘(a) ESTABLISHMENT OF PROCEDURES.—The Secretary of Defense shall establish procedures to ensure that whenever, in connection with a criminal investigation conducted by or for a military department, a physio- logical specimen is obtained from a person for the pur- pose of determining whether that person has used a controlled substance— ‘‘(1) the specimen is in a condition that is suitable for forensic examination when delivered to a forensic laboratory; and ‘‘(2) the investigative agency that submits the spec- imen to the laboratory receives a written statement of the results of the forensic examination from the laboratory within such period as is necessary to use such results in a court-martial or other criminal pro- ceeding resulting from the investigation. ‘‘(b) TRANSPORTATION OF SPECIMENS.—The procedures prescribed under subsection (a)— ‘‘(1) shall ensure that physiological specimens are preserved and transported in accordance with valid medical and forensic practices; and ‘‘(2) insofar as practicable, shall require transpor- tation of the specimen to an appropriate laboratory by the most expeditious means necessary to carry out the requirement in subsection (a)(1). ‘‘(c) TESTS FOR USE OF LSD.—Procedures established under subsection (a) shall ensure that whenever the controlled substance with respect to which a physio- logical specimen is to be examined is lysergic acid diethylamide (LSD), the specimen is submitted to a fo- rensic laboratory that is capable of determining with a reasonable degree of scientific certainty, on the basis of the examination of that specimen, whether the per- son providing the specimen has used lysergic acid diethylamide (LSD). ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as providing a basis, that is not oth- erwise available in law, for a defense to a charge or a motion for exclusion of evidence or other appropriate relief in any criminal or administrative proceeding. ‘‘(e) CONTROLLED SUBSTANCES COVERED.—For purposes of this section, a controlled substance is a substance described in section 912a(b) of title 10, United States Code. ‘‘(f) REPORT.—Not later than March 1, 1988, the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives, a report describing the procedures estab- lished under this section.’’ § 913. Art. 113. Drunken or reckless operation of a vehicle, aircraft, or vessel (a) Any person subject to this chapter who— (1) operates or physically controls any vehi- cle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance de- scribed in section 912a(b) of this title (article 112a(b)), or (2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the per- son’s blood or breath is equal to or exceeds the applicable limit under subsection (b), shall be punished as a court-martial may direct. (b)(1) For purposes of subsection (a), the appli- cable limit on the alcohol concentration in a person’s blood or breath is as follows: (A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of— (i) the blood alcohol content limit under the law of the State in which the conduct oc- curred, except as may be provided under paragraph (2) for conduct on a military in- stallation that is in more than one State; or (ii) the blood alcohol content limit speci- fied in paragraph (3). (B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit speci- fied in paragraph (3) or such lower limit as the Secretary of Defense may by regulation pre- scribe. (2) In the case of a military installation that is in more than one State, if those States have different blood alcohol content limits under their respective State laws, the Secretary may select one such blood alcohol content limit to apply uniformly on that installation.