bag. He possessed them a full day, however, which resulted in his conviction for possession. His
retention of the drugs without making any effort to turn them over to the police rebutted his claim of
innocent possession. U.S. V. Neely, 15 MJ 505 (AFCMR 1982).
B. Manufacture.
Under Article 112(a), manufacture means the production, preparation, propagation,
compounding, or processing of a drug or other substance. This can be done either directly or indirectly
by extraction from substances of natural origin, or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis. Manufacture includes any packing or repackaging of
such substance or labeling or relabeling of its container. The term "production" as used above includes
the planting, cultivating, growing, or harvesting of a drug or other controlled substances.
C. Use.
Use means to inject, inhale, or otherwise to introduce into the human body, any controlled
substance. Knowledge of the presence of the controlled substance is a required component of use. This
knowledge may be inferred from the presence of the substance in the accused's body or other
circumstantial evidence. The prosecution meets the burden of proof of the element of knowledge based
on this permissive inference. Also, if the accused consciously tries to avoid knowledge of the presence
of a controlled substance or the contraband nature of a controlled substance, the court may also infer this
element of knowledge. Part IV, MCM, 1984, para 37c(10).
D. Introduction.
Wrongful introduction means to bring the drug onto or into a prohibited place. This can also
be actual or constructive. That is, it is introduction for an individual to physically carry the drug onto an
installation. It is also introduction for an individual to contrive to have another individual bring the
drugs onto an installation. If a person wanted to bring drugs onto a military reservation, but did not
want to risk being caught, he might hide the drugs under the seat of his car and then convince a friend to
drive the vehicle onto the installation. The original individual will be criminally liable for a constructive
wrongful introduction as he procured the commission of the offense even though the duped friend has no
knowledge that the drugs are under the seat.
Introduction also includes sending controlled substances through postal channels. However,
the government must prove that the accused is linked to the sending of the packages. U.S. V. Barber,
23 MJ 761 (NMCR 1986).
E. Distribution.
To distribute means to transfer possession of the drug from one person to another.
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