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can a service member get kicked out for smoking spice in the

Customer Question

can a service member get kicked out for smoking spice in the military? If the military service member was told it was just a tobacco product; and it is sold in an regualar smoke shop where u buy cigerette
Submitted: 4 years ago.
Category: Military Law
Expert:  Anne_C replied 4 years ago.

Possibly.

 

If a service member was given a direct order not to smoke spice and did so, the service member can be charged with violation of UCMJ Article 92, violation of a direct order. A service member can be given an Article 15 punishment, or a Court martial. A court martial could be discharged from the military as a result of the Court martial.

 

Whether or not something is sold in a store doesn't mean its legal for service members to use. Remember, marijuana is legal in California with a physician's recommendation, and it is sold in stores.

Anne_C, Lawyer
Category: Military Law
Satisfied Customers: 2302
Experience: 15 Years' Litigation Experience; former NCO, US Army
Anne_C and other Military Law Specialists are ready to help you
Customer: replied 4 years ago.
The service member wasn't given a direct order on not smoking spice. Now that the military is now just catching on to it they are having service member sign a page 13 stating that they are forbided to using spice. So if the service member hasn't signed a page 13 yet; an get punished for not knowing that it was frown apond in the military but admitted to trying it before not knowing it uses was told it was just a new favor cigerette then was told later it was spice . Could that service member appeal there punishment?

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Anne_C
Anne_C
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15 Years' Litigation Experience; former NCO, US Army