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
State/Country relating to question: Virginia
I have went to the Master at Arms asking question. They are telling me if the military or chain of command havent had the svm sign page 13 stating specifically that svm cannot use it then they cannot charge the svm. Cause it wasn't put out. Also if it was illegal it would be sold in stores.
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.
15 Years' Litigation Experience; former NCO, US Army
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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