> ## 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 Use Sentences in 2019: Federal Court vs. Courts-Martial - URL: https://www.bodiesburied.com/trends/federal-drug-use-sentences-vs-courts-martial-2019/ - Published: 2026-11-03T06:10:00.000Z - Updated: 2026-11-03T06:10:00.000Z - Description: In 2019, 90% of the 136 courts-martial ending in a drug use conviction under Article 112a included confinement. In federal fiscal year 2019, 56% of the 614 people sentenced for simple possession received a prison term. The median court-martial confinement was 3 months, lower than the federal median - 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 Use: 2019 **In brief:** In 2019, 90% of the 136 courts-martial ending in a drug use conviction under Article 112a included confinement. In federal fiscal year 2019, 56% of the 614 people sentenced for simple possession received a prison term. The median court-martial confinement was 3 months, lower than the federal median prison term of 5.9 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 614 people sentenced in federal court in fiscal year 2019, 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/). ## Confinement and Prison Rates in 2019 Of 136 court-martial convictions with a sentence recorded, 122 included confinement. Of 614 federal defendants, 345 were sent to prison, and 261 (43%) received probation only, with no prison or other confinement. The federal comparison group is people sentenced under 21 U.S.C. 844, simple possession. It is the nearest federal charge to wrongful drug use, not an identical one. | | Courts-martial, 2019 | Federal court, FY2019 | | ---------------------------------- | ---------------------------------- | ----------------------------------- | | Convictions or people sentenced | 136 | 614 | | Sentenced to confinement or prison | 90% | 56% | | Median confinement or prison | 3 months | 5.9 months | | A quarter received this or more | 5.9 months | 6 months | | Pleaded guilty | 7 of 48 with a plea recorded (15%) | 98% | | Mandatory minimum applied | See the caveats | 33 of 475 with the information (7%) | ## How Long Were the Terms? The median adjudged confinement at courts-martial was 3 months. A quarter of the service members convicted received 5.9 months or more. For federal defendants sent to prison, the median was 5.9 months. A quarter received 6 months or more. At the other end, a quarter received 1 month or less, so many federal prison terms were very short. Court-martial confinement is measured as adjudged at trial, before any clemency or appeal. The federal figure is the prison term imposed, not the time served. ## Pleas at Court-Martial and in Federal Court Only 48 of the 2019 court-martial convictions have a plea recorded. 7 of those 48 were guilty pleas (15%). The median confinement after a guilty plea was 17 months, from 6 cases with confinement. Contested cases ending in conviction had a median of 3.9 months, from 30 cases. Both groups are small. Federal defendants pleaded guilty in 603 of 614 cases (98%), and 11 were convicted after a trial. The median prison term after a guilty plea was 5.4 months. After a trial it was 82 months, based on 10 people sent to prison. Of the guilty pleas, 63% were under a written plea agreement and 33% were straight pleas. ## Services, Court Levels, and Discharges The Air Force had 128 of the 136 convictions. The Marine Corps had 5 and the Navy had 3\. The Army is absent because its records in this data start in 2020. A general court-martial heard 26 of the convictions (19%). Among 131 enlisted members convicted, 66 received a punitive discharge, 50%. There were 4 dishonorable discharges and 62 bad-conduct discharges. Of 5 officers convicted, 4 were dismissed, which is the punitive discharge available for officers. ## Federal Guidelines, Fines, and Supervision Guideline information covers 541 of the federal defendants. 87% (473) were sentenced within the range. 5% (25) were sentenced above it. Below the range, 3% (14) were at the government's request and 5% (29) were not. A mandatory minimum prison term applied to 33 people (7%). Fines were ordered for 219 (36%), and restitution for 5\. Supervised release after prison was ordered for 104 (17%), and the median term was 12 months. 68% of the federal defendants were in criminal history category I, the lowest, and 6% in category VI, the highest. Courts-martial keep no comparable record. ## Reading 2019 Against the Full Period For 2016 to 2025 combined, courts-martial recorded 1,071 drug use convictions with a median confinement of 3 months. Federal court sentenced 6,268 people for simple possession in fiscal years 2016 to 2025, with a median prison term of 6 months. The table below lists the federal numbers year by year. The 2019 court-martial year is a calendar year by trial date. Federal fiscal year 2019 ran from October 1, 2018 to September 30, 2019, so the periods overlap only in part. | 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 the Data Leaves Out These records count convictions on one side and people sentenced on the other. They cannot show the facts of any case, the amount or type of drug, or the reasons a court chose a sentence. They also cannot show what punishment service members faced outside a court-martial. ### How We Counted Courts-martial with a trial date in 2019 ending in a conviction for wrongful drug use (Article 112a), compared with federal simple possession, the nearest federal charge (136). Federal: people sentenced in fiscal year 2019 under a conviction under 21 U.S.C. 844 (simple possession), the nearest federal charge (614), 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 Use Sentences in 2018: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-use-sentences-vs-courts-martial-2018/) (previous or next year) - [Drug Use Sentences in 2020: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-use-sentences-vs-courts-martial-2020/) (previous or next year) - [Drug Use Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far](https://www.bodiesburied.com/trends/federal-drug-use-2023-sentencing-reform-so-far/) - [Drug Use: Federal Sentences vs. Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-use-vs-air-force/) - [Drug Use: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-use-vs-army/) - [Drug Use: Federal Sentences vs. Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-use-vs-marine-corps/) - [Drug Use: Federal Sentences vs. Navy Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-use-vs-navy/) - [Drug Use: Courts-Martial at Barksdale AFB vs. Federal Court in the Western District of Louisiana](https://www.bodiesburied.com/trends/federal-drug-use-barksdale-afb-vs-western-district-of-louisiana/) - [Drug Use: Courts-Martial at Beale AFB vs. Federal Court in the Eastern District of California](https://www.bodiesburied.com/trends/federal-drug-use-beale-afb-vs-eastern-district-of-california/) - [Drug Use: Courts-Martial at Bremerton vs. Federal Court in the Western District of Washington](https://www.bodiesburied.com/trends/federal-drug-use-bremerton-vs-western-district-of-washington/) - [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.