2008 edition - Fort Sam Houston - U.S. Army

(b) Article 80—attempts
(3) Wrongful distribution of controlled substance.
Article 80—attempts
( 4 ) W r o n g f u l m a n u f a c t u r e o f c o n t r o l l e d s u b -
stance.
(a) Article 112a—wrongful possession of controlled
substance
(b) Article 80—attempts
( 5 ) W r o n g f u l i n t r o d u c t i o n o f c o n t r o l l e d s u b -
stance.
(a) Article 112a—wrongful possession of controlled
substance
(b) Article 80—attempts
(6) Wrongful possession, manufacture, or introduction
of a controlled substance with intent to distribute.
(a) Article 112a—wrongful possession, manufacture,
or introduction of controlled substance
(b) Article 80—attempts
(7) Wrongful importation or exportation of a controlled
substance. Article 80—attempts
e. Maximum punishments.
(1) Wrongful use, possession, manufacture, or introduction
of controlled substance.
( a ) A m p h e t a m i n e , c o c a i n e , h e r o i n , l y s e r g i c
acid diethylamide, marijuana (except possession of
less than 30 grams or use of marijuana), methamphetamine,
opium, phencyclidine, secobarbital, and
Schedule I, II, III controlled substances. Dishonorable
discharge, forfeiture of all pay and allowances,
and confinement 5 years.
( b ) M a r i j u a n a ( p o s s e s s i o n o f l e s s t h a n 3 0
grams or use), phenobarbital, and Schedule IV and
V c o n t r o l l e d s u b s t a n c e s . D i s h o n o r a b l e d i s c h a r g e ,
forfeiture of all pay and allowances, and confinement
for 2 years.
( 2 ) W r o n g f u l d i s t r i b u t i o n , p o s s e s s i o n , m a n u f a c -
ture, or introduction of controlled substance with
intent to distribute, or wrongful importation or exportation
of a controlled substance.
( a ) A m p h e t a m i n e , c o c a i n e , h e r o i n , l y s e r g i c
a c i d d i e t h y l a m i d e , m a r i j u a n a , m e t h a m p h e t a m i n e ,
opium, phencyclidine, secobarbital, and Schedule I,
II, and III controlled substances. Dishonorable discharge,
forfeiture of all pay and allowances, and
confinement for 15 years.
(b) Phenobarbital and Schedule IV and V con-
37.f.(3)
trolled substances. Dishonorable discharge, forfeiture
of all pay and allowances, and confinement for
10 years.
When any offense under paragraph 37 is committed;
while the accused is on duty as a sentinel or lookout;
on board a vessel or aircraft used by or under
the control of the armed forces; in or at a missile
launch facility used by or under the control of the
armed forces; while receiving special pay under 37
U.S.C. § 310; in time of war; or in a confinement
facility used by or under the control of the armed
forces, the maximum period of confinement authorized
for such offense shall be increased by 5 years.
f. Sample specifications.
(1) Wrongful possession, manufacture, or distribution
of controlled substance.
In that (personal jurisdiction data)
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r a b o u t ,
20 , wrongfully (possess) (distribute) (manufact
u r e ) ( g r a m s ) ( o u n c e s )
(pounds)( ) of (a schedule
( ) controlled substance), (with the intent
to distribute the said controlled substance) (while on
duty as a sentinel or lookout) (while (on board a
vessel/aircraft) (in or at a missile launch facility)
used by the armed forces or under the control of the
armed forces, to wit: ) (while receiving
special pay under 37 U.S.C. § 310) (during time of
war).
(2) Wrongful use of controlled substance.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r a b o u t ,
2 0 , w r o n g f u l l y u s e ( a S c h e d -
u l e c o n t r o l l e d s u b s t a n c e ) ( w h i l e o n
duty as a sentinel or lookout) (while (on board a
vessel/aircraft) (in or at a missile launch facility)
used by the armed forces or under the control of the
armed forces, to wit: ) (while receiving
special pay under 37 U.S.C. § 310) (during
time of war).
( 3 ) W r o n g f u l i n t r o d u c t i o n o f c o n t r o l l e d s u b -
stance.
In that (personal jurisdiction data)
d i d , ( a t / o n b o a r d — l o c a t i o n ) o n o r
a b o u t , 2 0 , w r o n g f u l l y i n t r o -
d u c e ( g r a m s ) ( o u n c e s ) ( p o u n d s )
( ) o f ( a S c h e d u l e
( ) controlled substance) onto a vessel,
IV-57