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# Drug Possession Sentences in 2023: Federal Court vs. Courts-Martial
- URL: https://www.bodiesburied.com/trends/federal-drug-possession-sentences-vs-courts-martial-2023/
- Published: 2026-11-03T06:09:58.000Z
- Updated: 2026-11-03T06:09:58.000Z
- Description: Federal court sentenced 159 people under the simple possession statute in fiscal year 2023. 56% received a prison term, with a median of 1.1 months. Courts-martial with 2023 trial dates recorded 30 drug possession convictions, 93% included confinement, and the median confinement was 2.6 months.
- 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

**In brief:** Federal court sentenced 159 people under the simple possession statute in fiscal year 2023\. 56% received a prison term, with a median of 1.1 months. Courts-martial with 2023 trial dates recorded 30 drug possession convictions, 93% included confinement, and the median confinement was 2.6 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 159 people sentenced in federal court in fiscal year 2023, 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/).

## Federal Simple Possession in Fiscal Year 2023

Of the 159 people sentenced under 21 U.S.C. 844, 89 received a prison term and 70 (44%) received probation only. The federal table at the end of this post shows 159 as a lower count than in earlier fiscal years.

The median prison term was 1.1 months. A quarter of those sent to prison received 12 months or more, and the lowest quarter is recorded as 0 months.

A mandatory minimum prison term applied to 23 people (19%). Supervised release after prison was ordered for 62 (39%), with a median term of 12 months.

## The 30 Court-Martial Convictions

The Air Force had 14 of the 30 convictions. The Army and the Marine Corps had 6 each, and the Navy had 4.

28 of the 30 convictions with a sentence recorded (93%) included confinement. The median adjudged confinement was 2.6 months, which is higher than the federal median of 1.1 months. A quarter of the military sentences were 5.2 months or more.

5 of the 30 convictions (17%) were at a general court-martial. Of the 29 enlisted members convicted, 18 received a punitive discharge (62%): 1 dishonorable discharge and 17 bad-conduct discharges. 1 officer was convicted and was not dismissed.

|                                    | Courts-martial, 2023                | Federal court, FY2023                |
| ---------------------------------- | ----------------------------------- | ------------------------------------ |
| Convictions or people sentenced    | 30                                  | 159                                  |
| Sentenced to confinement or prison | 93%                                 | 56%                                  |
| Median confinement or prison       | 2.6 months                          | 1.1 months                           |
| A quarter received this or more    | 5.2 months                          | 12 months                            |
| Pleaded guilty                     | 26 of 30 with a plea recorded (87%) | 95%                                  |
| Mandatory minimum applied          | See the caveats                     | 23 of 123 with the information (19%) |

## How Often Did People Plead Guilty?

Guilty pleas were the usual result in both systems. At courts-martial, 26 of the 30 convictions (87%) were guilty pleas. In federal court, 151 of the 159 people (95%) pleaded guilty, and 8 were convicted after a trial.

At courts-martial, the median confinement after a guilty plea was 3.9 months, from 25 cases. In contested cases ending in conviction, it was 2 months, from 3 cases. 3 cases are too few to support a comparison.

In federal court, the median prison term after a guilty plea was 0.9 months. For the 6 people convicted at trial and sent to prison, it was 88 months. The federal count includes any person with a conviction under 21 U.S.C. 844, under any guideline, and these records do not list the other convictions in those cases.

64% of federal guilty pleas had a written plea agreement. 24% were straight pleas with no agreement.

## Guideline Range, Criminal History, and Fines

144 federal sentences include guideline range information. Within the range: 85% (122). Above it: 8% (12). Below it at the government's request: 3% (5). Below it without a government request: 3% (5).

48% of those sentenced were in criminal history category I, the lowest, and 10% in category VI, the highest. The court-martial records have no criminal history field.

A fine was ordered for 61 people (38%). Restitution was ordered for 3 (2%).

## How the Counts Differ

Federal fiscal year 2023 ran from October 1, 2022 to September 30, 2023\. The court-martial numbers use the calendar year of trial. The military side counts convictions, and the federal side counts people sentenced.

Court-martial confinement is as adjudged at trial, before any clemency or appeal. Federal prison terms are as imposed, not as served.

Over the whole span, there were 327 court-martial convictions with trial dates from 2016 to 2025 (median confinement 3.9 months). There were 6,268 people sentenced in federal court in fiscal years 2016 to 2025 (median prison term 6 months).

| 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%            |

## What These Numbers Cannot Answer

The records do not show the drug, the amount, or the details of any case. They do not show why federal counts or medians differ from year to year. With 30 military convictions, the 2023 figures are small and describe a single year.

### How We Counted

Courts-martial with a trial date in 2023 ending in a conviction for drug possession (Article 112a wrongful possession; federal simple possession, 21 U.S.C. 844) (30). Federal: people sentenced in fiscal year 2023 under a conviction under 21 U.S.C. 844 (simple possession), any guideline (159), 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 2022: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-possession-sentences-vs-courts-martial-2022/) (previous or next year)
- [Drug Possession Sentences in 2024: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-possession-sentences-vs-courts-martial-2024/) (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.