Article 112a UCMJ – Wrongful Use, Possession, Distribution & Introduction of Controlled Substances – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 112a is one of the most frequently charged offenses in the military justice system. It covers a wide range of drug-related allegations including use, possession, distribution, manufacturing, introduction onto a military installation, and attempted drug offenses. Commands aggressively prosecute drug cases due to concerns about readiness, discipline, and perceived public safety risks.

However, the reality is that most military drug cases—even serious-sounding ones—are based on misunderstandings, contaminated products, accidental ingestion, illegal THC variants sold in convenience stores, unreliable testing, false assumptions by investigators, or exaggerated statements by witnesses. Florida, with its massive CBD/Delta-8/Delta-9 retail availability, nightlife culture, and transient populations, is especially prone to drug allegations that lack evidence or criminal intent.

Gonzalez & Waddington, Attorneys at Law is one of America’s most experienced military drug defense firms. We have defended clients in hundreds of urinalysis, THC vape, cocaine, MDMA, ketamine, prescription misuse, and distribution cases nationwide. We are especially active at Florida bases such as NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt, Tyndall, Patrick SFB, MacDill, Homestead ARB, NSA Panama City, and all Coast Guard Sectors.

➤ Request a Confidential Article 112a Drug Crime Defense Consultation

What Article 112a Covers

Article 112a is a broad punitive article that encompasses drug offenses involving:

• Use (urinalysis, confession, witness statements, digital evidence)
• Possession (physical, constructive, or shared spaces)
• Distribution
• Manufacture
• Introduction of drugs onto a military installation
• Wrongful prescription drug use
• Attempt, solicitation, conspiracy (Articles 80 and 81 combined with 112a)

The government must prove “wrongfulness”—meaning the accused knew the substance was illegal. Many cases fail because prosecutors cannot prove knowledge or intent.

Elements the Government Must Prove

Wrongful Use

• The accused used a controlled substance
• The use was wrongful
• The accused knew it was a controlled substance

Wrongful Possession

• The accused possessed a controlled substance
• The possession was wrongful
• The accused knew of the presence and nature of the substance

Wrongful Distribution

• The accused transferred a controlled substance
• The transfer was intentional
• The accused knew it was a controlled substance

Wrongful Introduction

• The accused introduced a controlled substance onto an installation
• The action was intentional
• The accused knew the drug was illegal

Failure to prove knowledge or intent is often the key to beating Article 112a charges.

Maximum Punishments Under Article 112a

Punishments vary based on the offense:

Use or Possession

• Dishonorable or BCD discharge
• Confinement (up to 5 years for multiple substances)
• Total forfeitures
• Reduction to E-1

Distribution or Introduction

• Up to 15 years confinement
• Dishonorable discharge
• Loss of retirement & benefits

Even the smallest THC use case can trigger separation, loss of clearance, and irreversible career damage.

Why Article 112a Charges Are Extremely Common in Florida

Florida’s environment is uniquely risky for service members because it contains:

• Hundreds of CBD, vape, and smoke shops selling mislabeled products
• Delta-8 & Delta-9 THC items sold legally to civilians but triggering positive urinalysis
• Thriving nightlife (Miami, Tampa, Pensacola, Jacksonville, Key West)
• Widespread cocaine and MDMA presence in clubs
• Frequent “hot UA” cases with weak evidence
• Coast Guard cutter TDYs and boarding operations creating unique exposures

Most Article 112a cases in Florida involve:

• Mislabeled CBD vapes
• Delta-8 or Delta-9 edibles
• Accidental ingestion
• False positives from contaminated products
• Barely-there THC metabolite levels

This is fertile ground for aggressive defense.

Common Real-World Article 112a Scenarios

1. THC Vape / Delta-8 / CBD Contamination

The most common Florida drug case. Service members unknowingly use products containing illegal THC levels.

2. “Hot UA” Cases

• Trace metabolites from legal products
• Improper chain of custody
• Batch contamination at the lab
• Civilian bars spiking vape pens

3. Cocaine or MDMA Accusations

• Nightlife exposure
• Environmental contact claims
• False witness statements
• Civilians blaming service members

4. Barracks Drug Possession

• Shared rooms
• Shared bathrooms
• Contraband left by roommates
• Constructive possession theories

5. Boardings & Boat Operations (Coast Guard)

• Exposure to narcotics onboard migrant/drug vessels
• Incidental contact mistaken as “possession”

6. Prescription Medication Misuse

• Unauthorized use of Adderall, Xanax, or painkillers
• Medication borrowing between roommates
• Expired prescriptions

7. Wrongful Introduction

• Vapes brought through the gate
• Edibles found in car during base entry searches

How Article 112a Investigations Work

Investigations are led by:

• NCIS – Navy/Marine Corps
• OSI – Air Force/Space Force
• CID – Army
• CGIS – Coast Guard
• Florida civilian law enforcement (for arrests or civilian possession)

Common Investigation Problems

• Lack of proof of knowledge
• No physical evidence
• Unreliable lab testing
• Misidentified substances
• No video or digital evidence
• Biased or sloppy investigator assumptions

We expose these failures during cross-examination and pre-trial motions.

How Gonzalez & Waddington Defends Article 112a Cases

Our approach is forensic, aggressive, and based on decades of winning drug cases worldwide. Key strategies include:

1. Attack the Urinalysis

• Chain of custody flaws
• False positives from CBD/Delta-8/9
• Improper lab techniques
• Ineffective testing thresholds

2. Challenge Possession

• Roommate disputes
• Shared living spaces
• No evidence tying accused to the substance

3. Lack of Knowledge

• The accused did not know the substance contained THC
• Accidental ingestion
• Packaging labeled “THC-free”

4. Distribution Enhancements Defense

• Show no financial gain
• Show no intent to distribute
• Demonstrate minimal quantity inconsistent with distribution

5. Florida-Specific Strategies

• CBD shop contamination cases
• Vape store mislabeling
• Nightlife exposure contamination (Pensacola, Miami)
• Barracks “constructive possession” exaggerations

6. Forensic Expert Support

• Toxicologists
• Lab testing experts
• Chemical composition specialists

Pro Tips for Service Members Accused of a Drug Offense

• Do NOT speak to NCIS/OSI/CID/CGIS.
• Save product packaging from any CBD or vape items.
• Get a hair test immediately if accused of cocaine/MDMA.
• Do not consent to searches without legal advice.
• Document everything you ate/drank within the timeframe.
• Identify witnesses who saw you sober.
• Request a second urinalysis if possible.
• Immediately stop all supplement and CBD use.
• Hire a civilian attorney immediately.

➤ Contact a Military Drug Crime Defense Attorney Today

Article 112a UCMJ – Frequently Asked Questions