Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare
Federal law has no crime of drug use. A positive drug test is not a federal offense, and a civilian can be charged only with possessing the drug. Courts-martial recorded 1,071 convictions for wrongful drug use under Article 112a from 2016 to 2025, and 938 of those with a sentence recorded (88%) incl
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In brief: Federal law has no crime of drug use. A positive drug test is not a federal offense, and a civilian can be charged only with possessing the drug. Courts-martial recorded 1,071 convictions for wrongful drug use under Article 112a from 2016 to 2025, and 938 of those with a sentence recorded (88%) included confinement.
This post uses the U.S. Sentencing Commission's records of 6,268 people sentenced in federal court in fiscal years 2016 to 2025 and the Federal Judicial Center's records of 9,740 federal defendants whose cases ended in fiscal years 2016 to 2025, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). 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.
Why Federal Court Has No Drug Use Case to Compare
Article 112a of the Uniform Code of Military Justice makes wrongful use of a controlled substance a crime. Federal civilian law does not have a matching offense. A positive drug test, by itself, is not a federal offense.
A civilian can be charged under federal law only for possessing the drug. Bringing drugs onto a military installation is also an offense that exists only in the military system.
For that reason, this comparison sets court-martial use convictions beside the nearest federal offense, which is simple possession under 21 U.S.C. 844. The two are not the same crime, and the numbers below should be read with that in mind.
What Courts-Martial Recorded for Drug Use
Court-martial records list 1,071 convictions for wrongful drug use with trial dates from 2016 to 2025. By service, there were 64 in the Army, 812 in the Air Force, 80 in the Navy, and 115 in the Marine Corps.
The median adjudged confinement was 3 months, and a quarter of those sentenced received 5.9 months or more. Of the 1,027 enlisted members convicted, 521 received a punitive discharge (51%). That count includes 42 dishonorable discharges and 479 bad-conduct discharges.
41 officers were convicted, and 26 of them were dismissed. Another 208 of the 1,071 convictions (19%) were at a general court-martial.
Of the 703 convictions with a plea recorded, 454 (65%) were guilty pleas.
By service, the share with confinement was 86% in the Army, 87% in the Air Force, 83% in the Navy, and 93% in the Marine Corps. The median confinement was 4.9 months in the Army, 3 months in the Air Force, 3.9 months in the Navy, and 5 months in the Marine Corps.
| Service | Convictions, 2016–2025 | With confinement | Median confinement | Punitive discharge (enlisted) | Guilty pleas (where recorded) |
|---|---|---|---|---|---|
| Army | 64 | 86% | 4.9 months | 69% | 94% |
| Air Force | 812 | 87% | 3 months | 45% | 52% |
| Navy | 80 | 83% | 3.9 months | 55% | 82% |
| Marine Corps | 115 | 93% | 5 months | 78% | 86% |
Wrongful Possession in Courts-Martial
Courts-martial also recorded 327 convictions for wrongful drug possession under Article 112a in the same years. The median adjudged confinement was 3.9 months, and a quarter received 9 months or more. 295 of those convictions with a sentence recorded (90%) included confinement.
Of the 310 enlisted members convicted of possession, 204 received a punitive discharge (66%). Many cases charge both use and possession, so the use group and the possession group overlap.
Federal Simple Possession Under 21 U.S.C. 844
The U.S. Sentencing Commission counts 6,268 people sentenced in federal court for simple possession in fiscal years 2016 to 2025. Of those, 4,364 (70%) received a prison term, and 1,853 (30%) received probation only.
Among those sent to prison, the median prison term was 6 months. A quarter received 6 months or more, and a quarter received 2 months or less. 1 person received a life sentence, and a mandatory minimum applied to 219 (4%).
Nearly all of these cases ended in a guilty plea: 6,160 of 6,268 (98%). 108 people were convicted after a trial, and the median prison term after a trial was 84 months, based on 91 people sent to prison.
How Federal Possession Cases Ended
The Federal Judicial Center counts every defendant whose case ended, not only those who were sentenced. It records 9,740 defendants charged under 21 U.S.C. 844 whose cases ended in fiscal years 2016 to 2025.
Of those, 6,285 (65%) pleaded guilty, and 3,419 (35%) had their cases dismissed. 36 (less than 1%) went to trial.
The yearly count of people sentenced fell over the period, from 1,917 in fiscal year 2016 to 122 in fiscal year 2025. The records do not show why.
The guilty plea rate was 96% in fiscal year 2025, compared with more than 99% in fiscal year 2016.
| 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 Comparison Cannot Show
Court-martial sentences are as adjudged at trial, before any clemency or appeal. Federal prison terms are the terms imposed, not time served.
The court-martial figures count a use offense that has no federal equivalent, so a difference in sentences cannot be read as one system treating the same conduct more or less severely. The records also do not show the facts of any individual case.
How We Counted
Courts-martial: convictions charging wrongful use under Article 112a (1,071) and wrongful possession (327), trial dates 2016 to 2025, identified from the charge descriptions. Federal: people sentenced with a conviction under 21 U.S.C. 844 (6,268, U.S. Sentencing Commission) and defendants charged under 21 U.S.C. 844 whose cases ended (9,740, Federal Judicial Center), fiscal years 2016 to 2025.
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.
More Detail
Drug Possession, year by year: 2016 · 2017 · 2018 · 2019 · 2020 · 2021 · 2022 · 2023 · 2024 · 2025.
Drug Use, year by year: 2016 · 2017 · 2018 · 2019 · 2020 · 2021 · 2022 · 2023 · 2024 · 2025.
Drug Possession, by installation: Camp Lejeune · Camp Pendleton · Nellis AFB · San Diego.
Drug Use, by installation: Barksdale AFB · Beale AFB · Bremerton · Camp Lejeune · Camp Pendleton · Cannon AFB · Davis-Monthan AFB · Dyess AFB · Eglin AFB · Ellsworth AFB · F.E. Warren AFB · Fairchild AFB · Goodfellow AFB · Hill AFB · Holloman AFB · Joint Base Andrews · Joint Base Charleston · Joint Base Langley-Eustis · Joint Base Lewis-McChord · Joint Base San Antonio-Lackland · Luke AFB · MacDill AFB · McConnell AFB · Moody AFB · Nellis AFB · Norfolk · Offutt AFB · Peterson SFB · San Diego · Seymour Johnson AFB · Shaw AFB · Tinker AFB · Travis AFB · Vandenberg SFB · Whiteman AFB.
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)
- Drug Use Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Guilty Pleas in Drug Use Cases: Federal Court vs. Courts-Martial
- Drug Use Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court
- Drug Use Convictions of NCOs (E-5 to E-9): Courts-Martial Compared With Federal Court
- Drug Use Convictions of Officers and Warrant Officers: Courts-Martial Compared With Federal Court
- Drug Use: Sentences After a Guilty Plea vs. After Trial, Federal Court and Courts-Martial
- Drug Use: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?
- Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year
- Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025
- Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025
- Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial
- Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial
- Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial
- Drug Possession Sentences: Federal Court vs. Courts-Martial, 2016–2025
- Drug Possession: Federal Sentences vs. Army Courts-Martial
- Drug Possession: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Drug Possession: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Drug Possession: Federal Sentences vs. Marine Corps Courts-Martial
- Guilty Pleas in Drug Possession Cases: Federal Court vs. Courts-Martial
- Drug Possession: Sentences After a Guilty Plea vs. After Trial, Federal Court and Courts-Martial
- Drug Possession Charges: How Often Federal Trials and Courts-Martial End in Acquittal
- 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.