Section 26.05.870. Wrongful use or possession of controlled substances.

   (a) A member of the militia who wrongfully uses, possesses, manufactures, distributes, or imports a controlled substance into the customs territory of the United States, exports from the United States in violation of the laws of the United States or the state, or who wrongfully introduces a controlled substance into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or the military forces of a state may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the charge is for wrongful use or possession, or by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the charge is for manufacturing, distributing, or importing.
   (b) A court-martial may not impose a sentence of confinement under this section if the charge is for use or possession of marijuana or any marijuana derivative or compound.
   (c) In this section, "controlled substance" means
        (1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana;
        (2) a compound or derivative of a substance specified in (1) of this subsection;
        (3) a substance not specified in (1) or (2) of this subsection that is listed on a schedule of controlled substances prescribed by the President of the United States for the purposes of the armed forces of the United States under 10 U.S.C. 801 - 946 (Uniform Code of Military Justice);
        (4) a substance not specified in (1) or (2) of this subsection or on a list prescribed by the President under (3) of this subsection that is listed in 21 U.S.C. 812, schedules I through V;
        (5) an illicit synthetic drug identified in AS 17.21.010.

Authorities

26.05.855

Notes

References

AS 26.05.855 Drunken or reckless operation of a vehicle, aircraft, or vessel.

History

(Sec. 4 ch 55 SLA 2016)