Drug Use Sentences in 2022: Federal Court vs. Courts-Martial
Of 124 court-martial convictions for wrongful drug use in 2022, 112 (90%) included confinement, and the median was 3 months. Federal court sentenced 339 people for simple possession in fiscal year 2022, and 47% of them went to prison, with a median prison term of 1 month. Probation alone was the fed
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In brief: Of 124 court-martial convictions for wrongful drug use in 2022, 112 (90%) included confinement, and the median was 3 months. Federal court sentenced 339 people for simple possession in fiscal year 2022, and 47% of them went to prison, with a median prison term of 1 month. Probation alone was the federal result for 52%.
This post uses the U.S. Sentencing Commission's records of 339 people sentenced in federal court in fiscal year 2022, 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.
Sentences at Courts-Martial in 2022
The 124 Article 112a convictions with trial dates in 2022 came from the Air Force (60), the Navy (24), the Marine Corps (22), and the Army (18).
Confinement was adjudged in 112 of them. The median adjudged confinement was 3 months. A quarter received 5.9 months or more.
22 of the 124 convictions (18%) were at a general court-martial. The others were tried at lower levels of court-martial.
Beyond confinement, 61 of the 119 enlisted members convicted received a punitive discharge (51%). These were 57 bad-conduct discharges and 4 dishonorable discharges. Of 4 officers convicted, 1 was dismissed.
| Courts-martial, 2022 | Federal court, FY2022 | |
|---|---|---|
| Convictions or people sentenced | 124 | 339 |
| Sentenced to confinement or prison | 90% | 47% |
| Median confinement or prison | 3 months | 1 months |
| A quarter received this or more | 5.9 months | 12 months |
| Pleaded guilty | 99 of 124 with a plea recorded (80%) | 96% |
| Mandatory minimum applied | See the caveats | 25 of 216 with the information (12%) |
What Federal Court Imposed in Fiscal Year 2022
The federal comparison uses simple possession under 21 U.S.C. 844, the nearest federal charge. 159 of the 339 people sentenced on it received a prison term, and 177 received probation only, with no prison or other confinement.
The median prison term was 1 month for those sent to prison. The range was wide: a quarter received 12 months or more, and a quarter received 0 months or less.
A mandatory minimum prison term applied to 25 people (12%).
Did Pleading Guilty Change the Sentence?
Every one of the 124 court-martial convictions has a plea recorded, and 99 were guilty pleas (80%). The median confinement after a guilty plea was 3 months, from 92 cases with confinement. Contested cases ending in conviction had a median of 3.4 months, from 20 cases.
Federal defendants pleaded guilty in 326 of 339 cases (96%), and 13 were convicted after a trial. The median prison term was 1 month after a guilty plea. After trial it was 63 months, based on 13 people.
Written plea agreements covered 48% of the federal guilty pleas. Straight pleas, with no agreement, were 43%.
Guideline Range, Fines, and Release Terms
Of 306 federal defendants with guideline information, 83% (254) received a sentence within the range. 5% (14) were above the range. 6% (17) were below it at the government's request, and 7% (21) were below it without one.
Fines were ordered for 175 people (52%), and restitution for 5 (1%). Supervised release after prison was ordered for 81 (24%), with a median of 12 months.
56% were in the lowest criminal history category, category I. 14% were in the highest, category VI. Courts-martial do not record criminal history, so this part has no military comparison.
Counting Rules Behind the Comparison
The court-martial year is calendar year 2022 by trial date. Federal fiscal year 2022 ran from October 1, 2021 to September 30, 2022. Court-martial numbers count convictions, and federal numbers count people sentenced.
Across 2016 to 2025, the data holds 1,071 court-martial convictions for drug use, with a median confinement of 3 months, and 6,268 federal simple possession sentences in fiscal years 2016 to 2025, with a median prison term of 6 months. The year-by-year federal figures follow.
| 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 Do Not Cover
Court-martial sentences are counted as adjudged, before any clemency or appeal. Federal terms are those imposed, not the time served. The records do not include the facts of each case, and they cannot explain the reasons for any sentence or for changes between years.
How We Counted
Courts-martial with a trial date in 2022 ending in a conviction for wrongful drug use (Article 112a), compared with federal simple possession, the nearest federal charge (124). Federal: people sentenced in fiscal year 2022 under a conviction under 21 U.S.C. 844 (simple possession), the nearest federal charge (339), 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 2021: Federal Court vs. Courts-Martial (previous or next year)
- Drug Use Sentences in 2023: 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.