How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11875
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Questions about Drugs in the Military

Drugs in the military can bring about many problems for those who choose to partake in the illegal activity. Most military branches observe a zero tolerance policy on drug use in the military, which generally will result in an Other Than Honorable (OTH) discharge, courts martial, jail time, and loss of rank. To learn more about drugs in the military, you can ask the Military Experts. The Experts cover a wide range of drug related topics regarding the military and drug testing in the military. Below are five of the top questions answered by the Experts.

What can happen if a soldier tests positive for drugs in the Army?

There is a good chance that the soldier will receive an Article 15 and discharge. However, if the soldier has a history of misconduct or a bad reputation, the command will sent the soldier to court martial. If the soldier goes to court martial, they can be imprisoned and then be discharged. With the military reducing their numbers, it is a typical practice to use situations such as this as a way to thin the numbers.

If a Marine goes to drug rehab, can they remain in the Navy?

Because of the Navy having a "zero tolerance" policy, the usual process is to put you before the separation board. It is possible that the separation board may take into consideration certain facts; if you turned yourself in and if command is supporting you.

If you successfully completes your rehabilitation and still have your command backing you, you may have a chance to remain in the Navy. This will be determined when your commander takes you to Mast and prepares the separation. You will be allowed an attorney to help prepare your case to the board. You may consider hiring an attorney who has experience in these matters to better build your presentation to the board.

What are the consequences of doing drugs in the Marines?

The Marines have a zero tolerance policy for drug use. Generally, in any case involving illegal use of drugs, the marines will proceed to process the case. There are a few factors that will determine how the marines will process the case. Usually it will depend on the marine's performance, the type of drugs that is involved, the situation leading up to the drug activity, etc. The Non-Judicial Punishment will usually process the sailor for an Administrative separation and the sailor will receive an Other Than Honorable Discharge. There is a possibility that the commander will ask for a hold on the separation if the sailor is above average with no prior issues. However, the commander may decide to send the sailor to court martial.

Can the Air force be sued for injuries resulting from incarceration for drug use in 2000?

The statute of limitations and the Feres doctrine will keep you from suing the military.

The statute of limitations applicable to actions under the Federal Tort Claims Act is found at 28 U.S.C. § 2401(b) and states:

A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

You can read more on this topic here: http://www.quintonpetix.com/fedtorac.htm.

The Feres doctrine prevents you from suing the military if you are injured during active duty. You can read more about this topic here: http://www.quintonpetix.com/fedtorac.htm and here: http://en.wikipedia.org/wiki/Feres_v._United_States

Does the military test for salvia?

The military doesn't test for Salvia, but they do have regulations in place making the use of salvia prohibited. The reason for this is many people try to pass marijuana off as legal substances such as Spice or Salvia. The effects of Salvia sometimes mimic the effects of marijuana; therefore you could be smoking illegal substances without realizing it.

Drugs in the military are an issue that is regulated by military drug testing. There are many issues to deal with when failing a military drug test. If you find yourself in a sticky situation that requires an experienced military law insight, you can ask the Military Experts. The Experts offer answers to questions regarding drugs in the military and military drug testing in an efficient and knowledgeable manner.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11875
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Military Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21604
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18608
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Drugs Questions

  • I popped for spice back at my parent command from a drug test

    I popped for spice back at my parent command from a drug test 2 months ago after a hike. I'm a drinker not a smoker. I have been on medications for chlamidia and gono for the past 2 months I don't know how this happened and don't know what actions to take for I have never smoked spice? What am I to do I feel like my world is caving in after 3 years of honorable service in the marine corps infantry
  • Medical History Form Erorr

    Dear Mr. Simmons,

    I am direct commissioning as an officer in the ARNG. I have already been to DoDMERB realized two things when I went over my Medical History form again: (1) I have been told I am allergic to sulfa, but checked 'no' under allergies for drugs because I simply forgot (2) I saw a psychatrist for ADHD, he prescribed something, I tried it, stopped it since it didn't work. This was two years ago. I put 'no' under mental health conditions because I didn't consider myself having any conditions. I have not sworn in yet, and I would like to correct these errors as soon as possible. Are there any legal ramifications in reporting these errors? What should the appropriate steps be for me to take? I plan on talking with my recruiter as soon as possible since I am on a deadline.

  • I have been in the Army for 5 years.I have never had not even

    I have been in the Army for 5 years.I have never had not even a negative counseling against me. I am a SGT and I got a field grade article 15. My punishment is 45/45 and reduction of rank to SPC. They told me it is protocol to start to initiate chapter paperwork. Is it possible for them to chapter me out for this offense? Also how soon after my punishment can they lift my flag so i can go back to the board to get my SGT rank back? Anticipating your response. Thank you.
< Last | Next >
View More Military Law Questions