> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Drug Possession Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far - URL: https://www.bodiesburied.com/trends/federal-drug-possession-2023-sentencing-reform-so-far/ - Published: 2026-11-03T01:37:59.000Z - Updated: 2026-11-03T01:37:59.000Z - Description: It may be too early to tell what the 2023 military sentencing reform changed for drug possession. Court-martial convictions with confinement were 95% of 62 cases tried in 2022 and 2023, and 67% of 43 cases tried in 2024 and 2025. The median adjudged confinement was 3 months in the first period and 3 - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Federal [Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Federal Law Has No Crime of Drug Use](https://www.bodiesburied.com/trends/federal-no-crime-of-drug-use-article-112a/) › Drug Possession: 2023 Reform **In brief:** It may be too early to tell what the 2023 military sentencing reform changed for drug possession. Court-martial convictions with confinement were 95% of 62 cases tried in 2022 and 2023, and 67% of 43 cases tried in 2024 and 2025\. The median adjudged confinement was 3 months in the first period and 3.3 months in the second. The records cannot show whether the reform caused any difference. Updated November 2, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025 · Military Trial Results This post uses the U.S. Sentencing Commission's records of 6,268 people sentenced in federal court in fiscal years 2022 to 2025, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025\. It is part of the [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/). ## What Changed on December 27, 2023 For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone under sentencing parameters. Courts-martial tried in 2024 and 2025 mix old-rule and new-rule cases, and the records cannot tell them apart. This post reports the data so far, comparing trials in 2022 and 2023 with trials in 2024 and 2025\. A change in the same period as the reform does not show that the reform caused it. ## Court-Martial Drug Convictions Before and After Trials in 2022 and 2023 produced 62 convictions for wrongful possession under Article 112a. Of those, 59 had a sentence recorded that included confinement (95%). A quarter received 5.9 months or more. Trials in 2024 and 2025 produced 43 convictions. Of those, 29 included confinement (67%), and a quarter received 9 months or more. Confinement was less common in the later period, but the longest quarter of sentences began at a higher figure. | | Courts-martial 2022–2023 | Courts-martial 2024–2025 | Federal FY2022–2023 | Federal FY2024–2025 | | ------------------------------- | ------------------------ | ------------------------ | ------------------- | ------------------- | | Convictions or people sentenced | 62 | 43 | 498 | 250 | | With confinement or prison | 95% | 67% | 50% | 57% | | Median confinement or prison | 3 months | 3.3 months | 1 months | 0.4 months | | Guilty pleas | 85% | 79% | 96% | 96% | ## Discharges, Dismissals, and Court Level In the earlier period, 35 of the 61 enlisted members convicted received a punitive discharge (57%): 3 dishonorable discharges and 32 bad-conduct discharges. One officer was convicted and not dismissed. In the later period, 28 of 39 enlisted members received one (72%): 5 dishonorable discharges and 23 bad-conduct discharges. There were 3 officers convicted, and 1 was dismissed. General courts-martial heard 10 of the 62 earlier convictions (16%) and 15 of the 43 later ones (35%). ## Guilty Pleas Across the Periods Guilty pleas were 85% of court-martial convictions with a plea recorded in 2022 and 2023, and 79% in 2024 and 2025\. In federal court the share was 96% in both periods. The federal counts were 477 of 498 people sentenced in fiscal years 2022 and 2023, and 239 of 250 in fiscal years 2024 and 2025. ## Federal Sentences in the Same Years Federal court sentenced 498 people for simple possession under 21 U.S.C. 844 in fiscal years 2022 and 2023\. Of them, 248 (50%) received a prison term, and 247 (50%) received probation only. The median prison term was 1 month, and a quarter received 12 months or more. In fiscal years 2024 and 2025, 250 people were sentenced. Of them, 142 (57%) received a prison term, and 105 (42%) received probation only. The median prison term was 0.4 months, and a quarter received 11.1 months or more. ## Court-Martial and Federal Results So Far Court-martial confinement was more common than federal prison in both periods: 95% compared with 50%, then 67% compared with 57%. The court-martial medians, 3 and 3.3 months, were higher than the federal medians of 1 month and 0.4 months. Federal medians are taken among those sent to prison, and many federal defendants received probation only. Court-martial and federal figures are also grouped differently: by trial date, and by fiscal year starting October 1. ## What the Records Cannot Show The later court-martial period includes only 43 convictions, and it contains cases from both sets of rules. The records cannot show how many cases fell under the new parameters, so no result can be assigned to the reform. A few more years of data would be needed before conclusions are reasonable. These figures describe what was recorded so far, not what the reform will do. ### How We Counted Courts-martial ending in a conviction for drug possession (Article 112a wrongful possession; federal simple possession, 21 U.S.C. 844): trials in 2022 and 2023 (62) and in 2024 and 2025 (43). Federal: people sentenced under a conviction under 21 U.S.C. 844 (simple possession), any guideline in fiscal years 2022 and 2023 (498) and 2024 and 2025 (250), U.S. Sentencing Commission. Federal fiscal years run from October 1 to September 30\. No person, judge, or lawyer is identified in any of these records. ### What to Keep in Mind **Who is in each set of numbers.** The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended. **Different cases reach each system.** Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts. **Time periods.** Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually. **Offense categories do not line up exactly.** Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match. **Drug use has no federal counterpart.** Federal law does not make drug use a crime. A positive drug test is not a federal offense; a civilian can be charged only with possessing the drug. Bringing drugs onto a military installation is also a military-only offense. For these, the nearest federal charge is simple possession, and the post says that the match is not exact. **No parole in federal prison; credit for good conduct.** Federal prison has no parole for crimes committed on or after November 1, 1987\. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served. **Military confinement credit and parole.** For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served. **Military sentences include punishments federal sentences do not.** A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show. **Federal supervised release.** Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial. **Who decides the sentence, and under what rules.** Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart. **How life sentences and "time served" are counted.** In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less. ## Related Analysis - [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article) - [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts) - [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method) - [Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare](https://www.bodiesburied.com/trends/federal-no-crime-of-drug-use-article-112a/) (overview) - [Drug Possession Charges: How Often Federal Trials and Courts-Martial End in Acquittal](https://www.bodiesburied.com/trends/federal-drug-possession-acquittal-rate-vs-courts-martial/) - [Drug Possession Charges: Federal Trial Acquittals vs. Contested Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-possession-acquittal-rate-vs-marine-corps/) - [Guilty Pleas in Drug Possession Cases: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-possession-guilty-plea-rate-vs-courts-martial/) - [Drug Possession Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-drug-possession-junior-enlisted-vs-federal-court/) - [Drug Possession Convictions of NCOs (E-5 to E-9): Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-drug-possession-ncos-vs-federal-court/) - [Drug Possession Convictions of Officers and Warrant Officers: Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-drug-possession-officers-vs-federal-court/) - [Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?](https://www.bodiesburied.com/trends/federal-trial-acquittal-rates-vs-courts-martial/) (related comparison) - [Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year](https://www.bodiesburied.com/trends/federal-guilty-plea-rates-vs-courts-martial/) (related comparison) - [Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-child-pornography-sentences-vs-courts-martial/) (related comparison) - [Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-distribution-importation-vs-article-112a/) (related comparison) - [Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial](https://www.bodiesburied.com/trends/federal-sexual-abuse-adult-vs-article-120/) (related comparison) - [Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial](https://www.bodiesburied.com/trends/federal-child-sexual-abuse-enticement-vs-article-120b/) (related comparison) - [Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-dollar-loss-vs-article-121/) (related comparison) - [Army Article 112a Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-112a-trend-2021-2025/) (court-martial data) - [What Sentence Follows an Army Drug Conviction?](https://www.bodiesburied.com/trends/army-article-112a-sent-2021-2025/) (court-martial data) - [How Often Are Contested Army Article 112a Cases Acquitted?](https://www.bodiesburied.com/trends/army-article-112a-acq-2021-2025/) (court-martial data) - [Guilty Pleas in Army Drug Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/army-article-112a-plea-2021-2025/) (court-martial data) - [Are Air Force Drug Courts-Martial Disappearing? Article 112a, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-112a-trend-2016-2025/) (court-martial data) - [How Much Confinement for an Article 112a Conviction in the Air Force?](https://www.bodiesburied.com/trends/air-force-article-112a-sent-2016-2025/) (court-martial data) - [Pleading Guilty to Article 112a in the Air Force: What Sentences Followed?](https://www.bodiesburied.com/trends/air-force-article-112a-plea-2016-2025/) (court-martial data) - [Is Navy-Marine Corps Drug Prosecution Rising or Falling? Article 112a, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-trend-2017-2025/) (court-martial data) - [How Much Confinement for an Article 112a Conviction in the Navy-Marine Corps?](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-sent-2017-2025/) (court-martial data) - [Fighting a Navy-Marine Corps Drug Charge: How Contested Cases Ended](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-acq-2017-2025/) (court-martial data) - [When Navy-Marine Corps Accused Plead Guilty to Drug](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-plea-2017-2025/) (court-martial data) - [Article 112a (Wrongful Use, Possession of Controlled Substances): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-112a-courts-martial/) (court-martial data) - [Article 112a UCMJ Drug Offenses and Positive Urinalysis](https://www.ucmj-defender.com/ucmj/article-112a-drug-offenses/?ref=bodiesburied.com) (law firm reference page) - [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source) - [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (source) **About the author.** Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts *Where All The Bodies Are Buried* and runs the [Law Office of Jocelyn C. Stewart](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.