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Thank you for the information and your question. If he tells his Command what happened now and the hospital records verify that he said what he thought transpired to the staff there(what you just described) then, if the Command believes him, he would not get into trouble unless he violated some other rule or order. What I mean by the latter part of my statement is that as long as he wasn't otherwise somewhere that was off limits, or was in an unauthorized absences status, etc., he wouldn't likely be in trouble.
All that said, his Command knows him, and I don't, and they can gather all of the evidence, and I can't, so they ultimately would have the basis to decide if the facts as he represents them are true. Again, as long as he is believable, he wouldn't be in trouble for the unknowing ingestion of illegal drugs.
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The UCMJ prohibits the use of illegal drugs. What I meant by the Command believing him or not is that if they believe he unknowingly used these drugs, they wouldn't charge his for illegal use under the UCMJ since "knowingly" is an element of the crime. If they don't believe him, then can they charge him with illegal use. This is a link to the Article they could charge him with if they don't believe him: http://www.ucmj.us/sub-chapter-10-punitive-articles/912a-article-112a-wrongful-use-possession-etc-of-controlled-substances
He can always raise his facts in an effort to defend against the charge, but this is a proof issue that would be evaluated at the time of the disposition of the charge either at NJP or court-martial.
Yes, exactly. Best to you.
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