Is it legal?

  • Published
  • By 436th Airlift Wing Judge Advocate Office
DOVER AIR FORCE BASE, Del. --  But I thought this stuff was legal! Do you know the rules regarding mind altering substances?

Drug abuse is incompatible with military service. Although most Airmen know the regulations that we each swore to uphold during our oath of service, there are always a few among us that endeavor to test the limits of these rules. These Airmen fail to realize that substances readily available on the market, while not listed as a Drug Enforcement Administration scheduled controlled substance, may still lead to a violation of the Uniform Code of Military Justice.  As Airmen, we have to uphold higher standards in order to accomplish the mission. Substances that have the capacity to alter one's mood and function jeopardizes mission accomplishments and can endanger your fellow Airmen.

Article 112a of the UCMJ prohibits the wrongful use of controlled substances, to include those listed on the DEA schedule of controlled substances. However, Article 92 of the UCMJ prohibits military members from violating a lawful general order, to include Air Force Instruction 90-507. This AFI prohibits the knowing use of any intoxicating substance, other than the lawful use of alcohol or tobacco products, to alter one's mood or function. These substances include, but are not limited to, synthetic drugs such as Spice and Bath Salts, natural substances like Kratom and Salvia Divinorum, as well as abuse of over-the-counter medicines to include Coricidin Cough & Cold medicine, "Triple C" and the abuse of Robitussin,"Robotripping". Many of these substances are readily available on the internet or in stores. In fact, most of them are not considered to be illegal and their use has no legal repercussions for civilians. However, they are considered substances that can alter your mood or function. Therefore, when these substances are used with the intent to get high, feel a buzz or chill out, their use by members of the armed forces is prohibited pursuant to AFI 90-507. 

Your civilian or even military friends may encourage you to use these substances, assuring you that their use is not illegal. Do not be fooled and do not give in to peer pressure! Airmen found to have abused mood or function altering substances other than alcohol and tobacco are subject to disciplinary actions, the results of which may include confinement, reduction in rank, forfeiture of pay and allowances and/or discharge under other than honorable conditions.

Resolve to not put your career or health in jeopardy! Resolve to be drug-free! For more information contact your supervisor or first sergeant.