Drug Use Sentences in 2018: Federal Court vs. Courts-Martial
Service members convicted of drug use in 2018 were sentenced to confinement more often than federal simple possession defendants: 85% of 133 court-martial convictions compared with 64% of 820 people sentenced in fiscal year 2018. Probation alone was common in federal court, at 35%. The median term w
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In brief: Service members convicted of drug use in 2018 were sentenced to confinement more often than federal simple possession defendants: 85% of 133 court-martial convictions compared with 64% of 820 people sentenced in fiscal year 2018. Probation alone was common in federal court, at 35%. The median term was 3 months at courts-martial and 6 months in federal prison.
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 series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
Probation Was a Common Federal Result
The U.S. Sentencing Commission recorded 820 people sentenced in fiscal year 2018 under 21 U.S.C. 844, the simple possession statute. It is the nearest federal charge to wrongful drug use under Article 112a.
Of the 820, 289 received probation only, with no prison or other confinement. That is 35%. A prison term was imposed on 523 people, or 64%.
For those sent to prison, the median prison term was 6 months. A quarter received 6 months or more, and a quarter received 3 months or less.
Court-Martial Sentences in Calendar Year 2018
Courts-martial produced 133 drug use convictions with trial dates in 2018. The Air Force accounted for 129, and the Marine Corps for 4. Army records in this data start in 2020, and there were no Navy convictions in 2018.
Confinement was included in 113 of the 133 convictions with a sentence recorded. The median adjudged confinement was 3 months, and a quarter were sentenced to 4.9 months or more.
20 of the 133 convictions (15%) were at a general court-martial.
| Courts-martial, 2018 | Federal court, FY2018 | |
|---|---|---|
| Convictions or people sentenced | 133 | 820 |
| Sentenced to confinement or prison | 85% | 64% |
| Median confinement or prison | 3 months | 6 months |
| A quarter received this or more | 4.9 months | 6 months |
| Pleaded guilty | 1 of 50 with a plea recorded (2%) | 99% |
| Mandatory minimum applied | See the caveats | 23 of 660 with the information (3%) |
Discharges in 2018
There were 130 enlisted members convicted. Of them, 69 received a punitive discharge (53%): 64 bad-conduct discharges and 5 dishonorable discharges.
3 officers were convicted, and 2 were dismissed from the service. For an officer, a dismissal serves as the punitive discharge.
A Single Recorded Guilty Plea
The records list a plea for 50 of the 2018 convictions. Just 1 of the 50 was a guilty plea (2%), and that case carried 36 months of confinement. A single case cannot represent sentences after guilty pleas in general.
The contested cases that ended in conviction had a median confinement of 3 months, based on 31 cases with confinement. Pleas are missing for most of the 133 convictions, so this figure also covers only part of the year.
Federal Trials and Plea Agreements
808 of the 820 federal defendants (99%) pleaded guilty, and 12 were convicted after a trial. After a guilty plea, the median prison term was 6 months.
The median after a trial was 258 months. That number comes from 9 people convicted at trial and sent to prison. A group that small can produce a median far from the rest of the cases, and the records do not show what other charges or history were involved.
Written plea agreements were part of 68% of the guilty pleas. Straight pleas, with no agreement, made up 27%.
Guidelines and Supervision
The guideline range position is known for 734 people. Within the range: 88% (644). Above the range: 8% (56). Below the range at the government's request: 2% (16). Below the range without a government request: 2% (18).
A mandatory minimum prison term applied to 23 people (3%). Supervised release after prison was ordered for 91 (11%), with a median of 12 months, and 1 person received it for life.
A fine was ordered in 242 cases (30%), and restitution in 8. In criminal history, 77% were in category I, the lowest, and 4% were in category VI, the highest. Court-martial records carry no criminal history field.
What Differs Between the Counts
Court-martial years run by calendar and trial date. Federal fiscal year 2018 began October 1, 2017 and ended September 30, 2018. The federal number counts people sentenced, while the court-martial number counts convictions.
Across the whole period, there were 1,071 court-martial convictions from 2016 to 2025 (median confinement 3 months) and 6,268 federal sentences in fiscal years 2016 to 2025 (median prison term 6 months). The table below lists each federal fiscal year.
The court-martial terms are as adjudged, before clemency or appeal, and the federal terms are as imposed rather than served. The records do not explain why sentences differed.
| 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% |
How We Counted
Courts-martial with a trial date in 2018 ending in a conviction for wrongful drug use (Article 112a), compared with federal simple possession, the nearest federal charge (133). Federal: people sentenced in fiscal year 2018 under a conviction under 21 U.S.C. 844 (simple possession), the nearest federal charge (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 (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare (overview)
- Drug Use Sentences in 2017: Federal Court vs. Courts-Martial (previous or next year)
- Drug Use Sentences in 2019: Federal Court vs. Courts-Martial (previous or next year)
- Drug Use Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Drug Use: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Drug Use: Federal Sentences vs. Army Courts-Martial
- Drug Use: Federal Sentences vs. Marine Corps Courts-Martial
- Drug Use: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Drug Use: Courts-Martial at Barksdale AFB vs. Federal Court in the Western District of Louisiana
- Drug Use: Courts-Martial at Beale AFB vs. Federal Court in the Eastern District of California
- Drug Use: Courts-Martial at Bremerton vs. Federal Court in the Western District of Washington
- Army Article 112a Cases by the Numbers, 2021–2025 (court-martial data)
- What Sentence Follows an Army Drug Conviction? (court-martial data)
- How Often Are Contested Army Article 112a Cases Acquitted? (court-martial data)
- Guilty Pleas in Army Drug Cases: How Often, and What Came Next (court-martial data)
- Are Air Force Drug Courts-Martial Disappearing? Article 112a, 2016–2025 (court-martial data)
- How Much Confinement for an Article 112a Conviction in the Air Force? (court-martial data)
- Pleading Guilty to Article 112a in the Air Force: What Sentences Followed? (court-martial data)
- Is Navy-Marine Corps Drug Prosecution Rising or Falling? Article 112a, 2017–2025 (court-martial data)
- How Much Confinement for an Article 112a Conviction in the Navy-Marine Corps? (court-martial data)
- Fighting a Navy-Marine Corps Drug Charge: How Contested Cases Ended (court-martial data)
- When Navy-Marine Corps Accused Plead Guilty to Drug (court-martial data)
- Article 112a (Wrongful Use, Possession of Controlled Substances): Court-Martial Data and Trends (court-martial data)
- Article 112a UCMJ Drug Offenses and Positive Urinalysis (law firm reference page)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (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. This analysis is for education and information only. It is not legal advice, and every case is different.