U.S. Drug Enforcement Agency bans spice and analogues

  • Published
  • By Capt. Kevin R. Cayton
  • 341st Missile Wing Judge Advocates Office
MALMSTROM AIR FORCE BASE, Mont. --  In November 2010, the DEA announced that it is using emergency powers to declare synthetic cannabinoids, such as those found in spice, space and analogues, as Schedule I controlled substances. The ban will soon be instituted and will be in place for one year so the DEA can determine whether or not the substances should be placed on the list permanently.

The use, possession or distribution of these substances by Malmstrom personnel has previously been prohibited by order of Brig. Gen. (sel) Anthony Cotton, 341st Missile Wing commander, and Air Force Instruction 44-121, Alcohol and Drug Abuse Prevention and Treatment Program. Such misconduct can be punished by Article 15 or court-martial under Article 92 of the Uniform Code of Military Justice and serves as a basis for involuntary discharge under AFI 36-3208, Administrative Separation of Airmen.

As Schedule I controlled substances, the use, possession, manufacture, distribution or selling of spice, space or analogues is punishable the same as other Schedule I controlled substances such as marijuana, methamphetamine and LSD. Under the UCMJ, abuse of a Schedule I controlled substance is punishable by Article 15 or court-martial under Article 112a. Sentences can be as high as a dishonorable discharge and five years confinement for a single instance of use or possession, or a dishonorable discharge and 15 years confinement for a single instance of distribution.

Although Montana and several other states allow the use of marijuana for medicinal purposes, it is a violation of Article 112a and/or federal law for Malmstrom military and civilian personnel to use or possess marijuana for any reason, even if prescribed. Marijuana is still listed as a Schedule I controlled substance by the DEA, regardless of state law.

Airmen are also prohibited from abusing any non-controlled substances, or any intoxicating substance, other than alcohol, that is inhaled, injected, consumed or introduced into the body in any manner for the purpose of altering mood or function. Use of any substance for these purposes is punishable under the UCMJ and involuntary discharge is mandatory under AFI 36-3208.

As mentioned above, a commander is required to initiate involuntary discharge proceedings if there is evidence of any abuse of any intoxicating substance other than alcohol, even if no other legal action is taken. The abuse of any drug is detrimental to the health of Malmstrom's and the Air Force's missions and will not be tolerated.