R 051455Z FEB 13

ALCOAST 043/13
COMDTNOTE 5810
SUBJ: USE OF MARIJUANA, SPICE, AND BATH SALTS UNDER THE UCMJ
A. Coast Guard Drug and Alcohol Abuse Program, COMDTINST M1000.10
(series)
B. Uniform Code of Military Justice, 10 U.S.
C. Ch. 47 (2012) C. COMDT COGARD WASHINGTON DC 222045Z DEC 10/ALCOAST
605/10
D. COMDT COGARD WASHINGTON DC 191443Z MAY 09/ALCOAST 297/09
E. COMDT COGARD WASHINGTON DC 220024Z DEC 11/ALCOAST 575/11
F. COMDT COGARD WASHINGTON DC 272152Z DEC 12/ALCOAST 546/12
1. Drug abuse undermines morale, mission performance, safety, and
health and will not be tolerated within the Coast Guard. The use,
possession, manufacture, and distribution of marijuana, synthetic
marijuana ("spice"), and synthetic designer drugs known as "bath
salts" by servicemembers constitutes a serious breach of discipline,
violates Coast Guard policy, and is illegal under the Uniform Code of
Military Justice (UCMJ) IAW Refs (a)-(c).
2. This past election season, voters in the States of Washington and
Colorado approved ballot initiatives to legalize the use and
possession of small amounts of marijuana in those jurisdictions.
Seventeen other states have legalized marijuana use for medical
purposes. Regardless of these state measures, using, growing,
selling, distributing, or possessing any amount of marijuana remains
illegal under the UCMJ. Active duty servicemembers are subject to the
UCMJ at all times, regardless of leave status or geographic location.
Reservists on active duty are also subject to the UCMJ. A
servicemember who uses marijuana purportedly in compliance with state
or foreign law is nevertheless still in violation of Art. 112a, UCMJ,
and may face adverse administrative or disciplinary action to include
separation from the service and/or trial by court-martial. The
maximum punishment for a single specification of marijuana use is
five years confinement and a dishonorable discharge.
3. Servicemembers are also reminded that the unauthorized use of any
intoxicating substance, other than the lawful use of alcohol or
tobacco products, that is inhaled, injected, consumed, or introduced
into the body in any manner to alter mood or function is prohibited
IAW Ref (a). These substances include, but are not limited to,
controlled substance analogues as per Ref (c) (e.g., "bath salts",
which is the street name for the group of synthetic drugs packaged
similarly to common household bath salts, the ingestion of which is
for the intended purpose of causing a mind altering high, designer
drugs such as spice that are not otherwise controlled substances),
inhalants, propellants, solvents, household chemicals, and other
substances used for huffing, prescription or over-the-counter
medications when used in a manner contrary to their intended medical
purpose or in excess of the prescribed dosage, and naturally
occurring intoxicating substances as per Ref (d) (e.g., Salvia
divinorum). The possession of any intoxicating substance described in
this paragraph, if done with the intent to use in a manner that would
alter mood or function, is also prohibited. Both use and possession
of such substances is a violation of the punitive lawful general
order issued by the Commandant in Ref (c) and recapitulated in Refs
(e) and (f). Violation of Ref (c) is punishable at court-martial
under Art. 92(1), UCMJ, and carries a maximum penalty of two years
confinement and a dishonorable discharge.
4. Questions about disciplinary options under the UCMJ should be
directed to your servicing legal office.
5. POC: LT Amanda Lee, COMDT (CG-0946), Amanda.M.Lee(at)uscg.mil or
(202)372-3811.
6. RADM F. J. Kenney, Judge Advocate General, sends.
7. Internet release authorized.