> ## 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 in 2018: Federal Court vs. Courts-Martial - URL: https://www.bodiesburied.com/trends/federal-drug-possession-sentences-vs-courts-martial-2018/ - Published: 2026-11-03T06:09:56.000Z - Updated: 2026-11-03T06:09:56.000Z - Description: Of the 29 courts-martial that ended in a drug possession conviction in 2018, 28 included confinement (97%), and the median confinement was 3.6 months. In federal fiscal year 2018, 820 people were sentenced under 21 U.S.C. 844, the simple possession statute. 64% received a prison term, 35% received p - 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: 2018 **In brief:** Of the 29 courts-martial that ended in a drug possession conviction in 2018, 28 included confinement (97%), and the median confinement was 3.6 months. In federal fiscal year 2018, 820 people were sentenced under 21 U.S.C. 844, the simple possession statute. 64% received a prison term, 35% received probation only, and the median prison term was 6 months. Updated November 3, 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 820 people sentenced in federal court in fiscal year 2018, 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/). ## How Often Did a Possession Conviction Bring Confinement in 2018? At courts-martial, confinement was close to universal. 28 of the 29 convictions with a sentence recorded included it. Federal court used probation only more often. 523 of the 820 people sentenced (64%) received a prison term. 289 (35%) received probation with no prison or other confinement. ## Length of Confinement and Prison Terms The median adjudged confinement at courts-martial was 3.6 months. A quarter of the military sentences were 5.8 months or more. For federal defendants sent to prison, the median term was 6 months. A quarter received 6 months or more, and a quarter received 3 months or less. The federal median was higher than the court-martial median this year. The 2 numbers are measured at different points. Court-martial confinement is as adjudged at trial, before clemency or appeal. Federal prison terms are as imposed, not as served. | | Courts-martial, 2018 | Federal court, FY2018 | | ---------------------------------- | ------------------------------------ | ----------------------------------- | | Convictions or people sentenced | 29 | 820 | | Sentenced to confinement or prison | 97% | 64% | | Median confinement or prison | 3.6 months | 6 months | | A quarter received this or more | 5.8 months | 6 months | | Pleaded guilty | 1 of 7 with a plea recorded (1 of 7) | 99% | | Mandatory minimum applied | See the caveats | 23 of 660 with the information (3%) | ## The Military Count Was Almost All Air Force The Air Force had 28 of the 29 court-martial convictions, and the Marine Corps had 1\. Army court-martial records in this data start in 2020, so 2018 has no Army cases. All 29 people convicted were enlisted. 20 of them received a punitive discharge (69%), and every one of those 20 was a bad-conduct discharge. No dishonorable discharges were recorded for this offense in 2018. Only 3 of the 29 convictions (10%) were at a general court-martial. ## Pleas and Trials in Each System Plea data for the 2018 courts-martial is very limited. 7 convictions have a plea recorded, and 1 of the 7 was a guilty plea. That 1 case had 36 months of confinement. In contested cases ending in conviction, the median was 3.9 months, from 6 cases. A single case cannot represent guilty pleas as a group. In federal court, 808 of the 820 (99%) pleaded guilty, and 12 were convicted after a trial. The median prison term after a guilty plea was 6 months. After a trial, it was 258 months, based on 9 people convicted at trial and sent to prison. The federal count covers anyone with a conviction under 21 U.S.C. 844 under any guideline, and these records do not list the other offenses in those 9 cases. 68% of federal guilty pleas came with a written plea agreement. 27% were straight pleas with no agreement. ## Federal Guidelines, Fines, and Supervised Release 734 federal sentences have information on the guideline range, which is the range the guidelines set from the offense and criminal history. 88% (644) fell within the range. 8% (56) were above it. 16 were below the range at the government's request and 18 were below it without a government request. A mandatory minimum prison term applied to 23 people (3%). 77% were in the lowest criminal history category I, and 4% in the highest, category VI. There is no criminal history field in the court-martial records. A fine was ordered for 242 people (30%), and restitution for 8\. 91 people (11%) were ordered to serve supervised release after prison, with a median term of 12 months, and 1 received supervised release for life. ## Matching a Calendar Year to a Fiscal Year Federal fiscal year 2018 ran from October 1, 2017 to September 30, 2018\. The court-martial year runs by calendar trial date, so the periods overlap only in part. The military side also counts convictions, while the federal side counts people sentenced. Over the whole period, courts-martial recorded 327 drug possession convictions with trial dates from 2016 to 2025, with a median confinement of 3.9 months. Federal court sentenced 6,268 people in fiscal years 2016 to 2025, with a median prison term of 6 months. The table gives each federal fiscal year. | Fiscal year | People sentenced | Median prison | Pleaded guilty | | ----------- | ---------------- | ------------- | -------------- | | 2016 | 1,917 | 6 months | more than 99% | | 2017 | 1,343 | 6 months | more than 99% | | 2018 | 820 | 6 months | 99% | | 2019 | 614 | 5.9 months | 98% | | 2020 | 484 | 5.9 months | 97% | | 2021 | 342 | 0.5 months | 97% | | 2022 | 339 | 1 months | 96% | | 2023 | 159 | 1.1 months | 95% | | 2024 | 128 | 0.4 months | 95% | | 2025 | 122 | 0.4 months | 96% | ## Gaps in the Data The records do not show which drug was involved, how much, or what other charges were filed. With 29 military convictions, the 2018 percentages are based on small numbers and do not establish a pattern. ### How We Counted Courts-martial with a trial date in 2018 ending in a conviction for drug possession (Article 112a wrongful possession; federal simple possession, 21 U.S.C. 844) (29). Federal: people sentenced in fiscal year 2018 under a conviction under 21 U.S.C. 844 (simple possession), any guideline (820), 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. **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. **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. ## 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 Sentences in 2017: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-possession-sentences-vs-courts-martial-2017/) (previous or next year) - [Drug Possession Sentences in 2019: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-possession-sentences-vs-courts-martial-2019/) (previous or next year) - [Drug Possession Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far](https://www.bodiesburied.com/trends/federal-drug-possession-2023-sentencing-reform-so-far/) - [Drug Possession Sentences: Federal Court vs. Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-possession-sentences-vs-courts-martial/) - [Drug Possession: Federal Sentences vs. Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-possession-vs-air-force/) - [Drug Possession: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-possession-vs-army/) - [Drug Possession: Federal Sentences vs. Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-possession-vs-marine-corps/) - [Drug Possession: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina](https://www.bodiesburied.com/trends/federal-drug-possession-camp-lejeune-vs-eastern-district-of-north-carolina/) - [Drug Possession: Courts-Martial at Camp Pendleton vs. Federal Court in the Southern District of California](https://www.bodiesburied.com/trends/federal-drug-possession-camp-pendleton-vs-southern-district-of-california/) - [Drug Possession: Courts-Martial at Nellis AFB vs. Federal Court in the District of Nevada](https://www.bodiesburied.com/trends/federal-drug-possession-nellis-afb-vs-district-of-nevada/) - [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.