Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer, Get an Answer ASAP!

Army Substance Abuse Regulation

What is Army substance abuse?

It is the act of using illegal or prescription drugs to a point of hampering the ability to perform duties. Substance abuse can cause serious issues within the ranks of the military and when faced with questions or confusion the Experts are an affordable way to get answers.

Can a soldier in the reserves, who isn’t getting paid, is forced to take a drug test or is this requirement only for paid soldiers?

When it comes to drug testing in the military there is no limitations on who gets tested and who does not. All soldiers, regardless of them being paid or not, are subject to the drug testing procedures of the Army Reserves. As long as the soldier is currently enlisted and serving, they are required to take a drug test if the chain of command deems necessary.

How can an Army soldier fight a positive drug test when the Army waited a month to revel the results and there is no prior record of any misconduct?

The soldier can request to review the evidence prior to the charges. If the soldier can prove that the sample was not tested in a timely manner for drugs, then he/she may be able to question the chain of custody. The key to fighting the drug test results is to prove broken chain of custody, and good record with the military. He/she may have a very good shot of reversing the decision if they can prove these points.

If a soldier used prescription drugs for Attention Deficit Hyper Disorder (ADHD) and tested positive for methamphetamines, prove that it was the ADHD prescription that caused the positive result?

Most prescriptions used to treat ADHD can cause a person to test positive for methamphetamines. The soldier should find a lawyer to help assist in gathering information and evidence to help prove that the ADHD prescription was the cause of the positive meth result.

If a soldier goes to a drug councilor and a psychiatrist and was told they suffer from depression and adjustment issues, should they tell their defense council this information?

The soldier should tell their defense council this information. This information can be used to screen the soldier for Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). The mental health issues can be used in the defense of the soldier to get the charges reduced and/or get the sentence reduced.

If an Army pilot was prescribed a medication from a civilian doctor, can he/she loose her flight status in the Army?

The pilot may be in serious trouble. There are certain regulations that a pilot has to uphold for the safety of their selves and the plane. Pilots are supposed to report to a military doctor so that they can monitor the medication the pilot takes to insure the safety protocol is upheld. The Army may either consider a flight evaluation board, in which case he/she will get to keep his/her wings or they may consider a court martial for him/her. The best advice is to obtain a lawyer and be honest about everything.

Substance abuse in the military is a problem in which many lives can be affected. Substance abuse programs are in place to help the soldier overcome their addiction. In some cases the military will discharge the soldier. If this is a route the military decides to take, then the soldier may find him or herself in a confusing situation that leaves many unanswered questions. The soldier may not have any idea where to turn for advice on substance abuse, but the Experts are a fast, affordable way to obtain the advice that the soldier may need on army substance abuse.
Please type your question in the field below

3 verified Military Lawyers are online now

Military Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
P. Simmons

Military Lawyer

Doctoral Degree

★★★★★
14369 positive reviews
Online
Allen M., Esq.

Lawyer

Juris Doctor, Cum Laude

★★★★★
5092 positive reviews
Online
Marsha411JD

Lawyer

Doctoral Degree

★★★★★
1762 positive reviews
See all Military Lawyers
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.
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.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
Web sites like justanswer.com/legal
...leave nothing to chance.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.