Possession, manufacture, or introduction of any drug with the intent to distribute is a separate
offense under Article 112(a). This offense carries a more severe penalty. This reflects the determination
that drug dealers are truly dangerous individuals. These are specific intent crimes. The accused must
have the specific intent to distribute the drugs. As with any other specific intent crime, intent may be
proven by circumstantial evidence.
Some of the facts which might lead to a conclusion that the accused specifically intended to
distribute the drug include the quantity of the substance (more than a person is likely to have for
personal use) and the way it is packaged. For example, possession of five separated "baggies" of
marijuana leads one toward the conclusion that the possessor's intent was to distribute than finding one
bag containing the equivalent of five of the smaller bags. Note also, however, that a finding that the
accused is addicted to drugs may tend to support the argument that a large quantity of drugs were kept
for personal use. Also, possession of less than 30 grams of marijuana is subject to 2 years confinement.
Possession of 30 grams or more is a 5 year offense. Therefore, an inference can be drawn that less than
30 grams of marijuana is for personal use. 30 grams or more, the court may infer possession with intent
to distribute.
Aside from intent to distribute, a second aggravating circumstance which affects the
maximum penalty involves the location of the offense. Any of these drug offenses committed while the
accused is on duty as a guard, or on board a vessel, aircraft, or missile launch facility under control of
the military, or while the accused is receiving combat pay, is punishable by five years confinement in
addition to the punishment authorized for the basic offense.
G. Possession of Drug Paraphernalia.
This offense is charged under Article 92 as a violation of a general order or regulation. Most
installations have promulgated local punitive regulations prohibiting drug paraphernalia. This offense is
not covered under Article 112(a), UCMJ.
PART G - ECONOMIC CRIMES
These offenses, frequently called "white collar offenses," also require an understanding of their
elements. The following are a few of the more common of these crimes.
A. Making a False and Fraudulent Claim (Article 132, UCMJ). A claim is a demand for a
transfer of ownership or property.
QUESTION: WHO IS THE CLAIM AGAINST?
ANSWER: THE UNITED STATES. IT DOESN'T COVER CLAIMS AGAINST OFFICERS OF THE
U.S. IN THE OFFICER'S PERSONAL CAPACITY.
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