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P. Simmons, Military Lawyer
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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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: 11988
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

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    Ask follow up questions if you need to.
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Drugs Questions

  • I'm getting separated from the military on a misuse of dru

    I'm getting separated from the military on a misuse of drugs
  • 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.

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