The United States military prides itself on discipline, readiness, and integrity. To maintain these core values and ensure the safety and effectiveness of its personnel, the military implements a stringent drug testing policy. This comprehensive guide delves into the intricacies of the military’s drug testing procedures, exploring the differences between branches and the consequences of a positive test result.

Facing a positive drug test result in the military can be a challenging and stressful experience. However, with the guidance of a knowledgeable military defense attorney and a proactive approach, you can navigate the legal process effectively and protect your rights and interests.

Remember, you are not alone; resources and support are available to help you through this difficult time. It is important to understand that a positive drug test doesn’t necessarily spell the end of your military career. With skilled legal representation, you can challenge the results of a positive drug test.

Why Does the Military Drug Test?

The military’s drug testing policy serves several critical purposes. First, it upholds the principle of readiness by ensuring that service members are fit for duty and capable of executing their responsibilities effectively. Second, it promotes safety within military environments, minimizing the risk of accidents or impaired judgment due to drug use. And third, it reinforces discipline and accountability among service members, aligning with the military’s zero-tolerance stance on drug abuse.

Military drug tests are often swiftly administered, affording little to no preparation time for service members. There are various reasons prompting the military to conduct drug testing:

1. Random Testing: Commanders can randomly request urine samples from select or all unit members. Such requests must be random and can result in administrative or court martial proceedings based on test outcomes.
2. Probable Cause: Commanders may request drug testing for a specific service member based on probable cause, suspecting drug influence.
3. Medical Testing: Drug testing may be conducted for medical purposes, such as during the entry of new service members. Refusal of testing for medical reasons is not permitted.
4. Consent: With consent, commanders can request drug testing, with positive results potentially used against the service member.
5. Commander’s Order: Commanders can order military drug tests as deemed necessary.

Military Urinalysis (UA): Procedures and Importance

When summoned for a military drug test, you must initially write your name or initials on a collection container. An observer is usually present to ensure the sample’s authenticity and prevent contamination. Once the urine sample is provided, the test administrator promptly seals the container to prevent tampering.

The sealed test containers are then packaged and transported to a laboratory for an immunoassay screening, which detects the presence of drugs. Samples that yield positive results undergo additional screening to confirm accuracy. If the test reaffirms a positive outcome, the sample undergoes gas chromatography/mass spectrometry to pinpoint the specific substance in the urine. The result is deemed negative if further testing reveals traces of a substance below the designated confirmation cutoff concentration. Positive test outcomes indicate drug concentrations equal to or exceeding the predetermined threshold for military drug abuse testing.

The drug testing process in the military must follow a strict protocol to maintain accuracy and initial integrity. Throughout the collection, packaging, shipping, and testing phases, every individual handling the samples must sign a chain-of-custody document, establishing a documented record of all involved parties. This process is outlined in detail within DoD 1010.16, Technical Procedures for the Military Personnel Drug Abuse Testing Program. Labs are not perfect, and their failure to strictly comply with these stringent requirements is often the basis for a successful defense to a positive drug test.

Typically, test results are available within one to five days, with negative results often being processed more swiftly. Upon completion of the drug test, results are forwarded to the commanding officer who initiated the request. Subsequent actions are determined based on the test outcomes.

What Drugs Are Tested?

Drug testing for military service typically includes a 26-drug panel. Understanding that a certain drug threshold must be exceeded for a positive test result is crucial. Even if trace amounts of drugs are present, falling below a specified threshold renders the result negative. A positive test outcome indicates a failure to meet the criteria of that particular drug test.

The following are the cutoff levels for military drug testing (the values highlighted with yellow color are the substances added to the list in 2019):

What Occurs if You Fail a Military Drug Test?

A study analyzed drug test results from the Military Entrance Processing Station (MEPS) data from the Army spanning fiscal years 2001 to 2011. The overall positivity rate for drug use in the Army was recorded at 1.06%.

The ramifications of failing a military drug test are severe across all branches of the armed forces, regardless of your station. The repercussions hinge on whether you’re a prospective enlistee or an active-duty service member.

For Military Applicants: If you fail a drug test during pre-enlistment, your chances of joining the military may be jeopardized. Individuals seeking to enlist undergo comprehensive drug screenings. A positive result permits an opportunity for retesting after 90 days if permitted by the branch. However, if a second positive result is returned, permanent disqualification from military service ensues.

For Active-Duty Service Members: No leniency is afforded to active service members upon a positive drug test. Administrative and disciplinary measures swiftly follow. Initial actions often involve suspension and referral to a drug rehabilitation program, potentially involving inpatient detox following medical assessment. The decision to pursue prosecution rests with the commanding officer.

A failed military drug test does not automatically equate to discharge from active duty. The military may pursue various courses of action, contingent on the branch of service. Depending on the severity of the offense, consequences may include:

1. Administrative Action: Depending on the circumstances and the severity of the offense, you may face administrative actions such as non-judicial punishment (Article 15 in the U.S. Army), reduction in rank, loss of pay, or administrative separation from the military.
2. Criminal Charges: Besides administrative consequences, failing a drug test could lead to criminal charges under the Uniform Code of Military Justice (UCMJ). Penalties may include imprisonment, dishonorable discharge, or other punitive measures determined by a military court-martial. The Uniform Code of Military Justice (UCMJ) delineates the parameters and penalties for drug abuse under Article 112A. Consequences vary based on service, rank, and the substance detected and can be read more about here.

Some branches may mandate a second test 90 days after the positive result. A subsequent failure can lead to military discharge. However, this option is only sometimes applicable. Regardless of the military branch, failed drug tests can result in disciplinary action.

While the overarching goal of drug testing remains consistent across all military branches, there are nuanced differences in implementation and policies. For example:

Army/Coast Guard: The Army conducts random drug testing for all soldiers, with additional testing during specific situations like pre-deployment or after rehabilitation. Army and Coast Guard members across all ranks often face non-judicial punishment and administrative dismissal proceedings under Article 15.

Navy/Marine Corps: Drug testing in the Navy/Marine Corps encompasses random and command-directed testing, focusing on maintaining a drug-free environment onboard ships and submarines. Click here to read the Navy’s Drug Testing FAQ Brochure. A positive drug test could lead to Mast or NJP (Non-Judicial Punishment) for Navy and Marine Corps personnel, followed by an administrative discharge process.

Air Force: The Air Force emphasizes deterrence through random drug testing and robust education programs aimed at preventing drug abuse among airmen. Air Force NCOs (Non-Commissioned Officers) and officers who test positive for substances or other “hard” drugs are likely to face a court-martial.

Consequences will likewise depend on the type of drug you test positive for. Generally speaking, marijuana, or controlled substances under Schedule IV and V will result in non-judicial punishment (NJP) or Article 15 proceedings. This entails less formal disciplinary action but may lead to administrative separation, including dishonorable discharge, along with pay forfeiture and up to two years of confinement.

For “hard drugs” or controlled substances under Schedule I, II, or III, you may be subject to court-martial, with the potential for dishonorable discharge, pay forfeiture, and up to five years of confinement.

Challenging Positive Test Results

Failing a drug test doesn’t automatically lead to discharge from service. With the aid of a seasoned military lawyer, one can challenge the test results.

Some of the more common defenses to a positive drug test include:

1. Procedural Errors and Chain of Custody: One of the primary defenses against positive drug test results involves scrutinizing the testing process. Procedural errors, such as improper sample collection, labeling mistakes, or mishandling during transportation, can compromise the integrity of the test results. Additionally, discrepancies in the chain of custody, where the sample’s handling and transfer are not adequately documented, can raise doubts about the reliability of the results. By highlighting these procedural shortcomings, individuals can cast doubt on the validity of the test results and potentially have them invalidated. See DoD 1010.16, Technical Procedures for the Military Personnel Drug Abuse Testing Program.
2. Laboratory Errors and Contamination: Laboratory errors and contamination are another common defense against positive drug test results. Despite stringent quality control measures, laboratories are not perfect, and mistakes can occur during testing. Cross-contamination of samples, equipment malfunction, or misinterpretation of results are all factors that can lead to erroneous conclusions. By conducting a thorough review of the laboratory procedures and requesting retesting of the sample, individuals can challenge the accuracy of the initial findings and seek to overturn the positive result.
3. False Positives Due to Medications or Dietary Supplements: Certain medications, dietary supplements, or over-the-counter drugs can trigger false positive results on drug tests. Substances such as cold medicines, antihistamines, and even certain foods like poppy seeds can interfere with drug screening assays, leading to false alarms. Individuals who can demonstrate legitimate use of these substances and provide documentation or medical prescriptions may be able to refute the positive result on grounds of false positives. Consulting with a medical expert or toxicologist to corroborate the potential for false positives can strengthen this defense strategy.
4. Unknowing or Involuntary Ingestion: In some cases, individuals may unknowingly ingest drugs through contaminated food or beverages, exposure to environmental toxins, or malicious tampering. This defense relies on establishing that the individual had no intention or awareness of consuming the illicit substance detected in the drug test. Providing evidence of the circumstances surrounding the alleged ingestion, such as witness testimony or forensic analysis, can bolster this defense and challenge the presumption of guilt.
5. Invalid Testing Methodologies or Standards: Finally, individuals can challenge positive drug test results by questioning the validity of the testing methodologies or standards. Different testing methods have varying sensitivities and specificities, and discrepancies in calibration, interpretation criteria, or cutoff thresholds can influence the test outcome. By engaging qualified experts to assess the scientific validity of the testing protocols and standards used, individuals can contest the reliability of the results and seek to have them dismissed.

Seeking the counsel of an experienced military lawyer is advisable should a positive drug test occur for various reasons. A skilled attorney can advocate on your behalf by providing a candid and thorough account of the circumstances surrounding the positive result. At the National Security Law Firm, each positive urinalysis case undergoes meticulous investigation, including:

• Reviewing laboratory testing procedures.
• Identifying medications that may trigger false-positive results.
• Scrutinizing sample collection, transportation, storage, and security protocols.
• Analyzing urinalysis testing for inaccuracies and procedural discrepancies.

What to Do If You Test Positive for Drugs in the Military

As discussed above, a positive result on your military drug test doesn’t necessarily spell the end of your military career; you still have rights and options. There are several common avenues for preserving your career, including:

For First-Time Offenders who Admit to Drug Use: If you wish to remain in the military, you’ll need to demonstrate to your chain of command that you meet retention requirements. This typically involves showing:

• The drug use was an isolated incident, merely experimental.
• It was a significant departure from your usual behavior and won’t recur.
• Retaining you would benefit the military due to your past service record and potential for future contributions.

As military defense attorneys with extensive experience in drug-related cases, we are here to guide you on the steps you should take if you find yourself in this situation.

1. Remain Calm and Seek Legal Advice: The first and most crucial step is to remain calm and composed. While a positive drug test result may feel like the end of the world, it’s essential to approach the situation rationally. Immediately seek legal advice from a qualified military defense attorney specializing in drug-related cases. An attorney can provide personalized guidance based on your circumstances and help you navigate the legal process.
2. Understand Your Rights and Options: Understanding your rights and options under military law is essential. You have the right to legal representation and the opportunity to contest the positive drug test result. Your attorney can explain the potential consequences you may face, such as administrative separation, non-judicial punishment (NJP), or court-martial proceedings, and help you develop a defense strategy tailored to your case.
3. Gather Evidence and Documentation: Assemble any evidence or documentation that may support your case. This could include medical records, prescriptions, witness statements, or evidence of procedural errors in the drug testing process. Providing evidence of innocent ingestion, such as contamination or unknowing ingestion, can strengthen your defense and cast doubt on the validity of the positive test result.
4. Cooperate with Legal Proceedings: Cooperating fully with any legal proceedings is crucial. Attend all required meetings, hearings, or interviews, and follow your attorney’s guidance regarding communication and disclosure. Cooperating with legal proceedings demonstrates your commitment to addressing the situation responsibly and can positively influence the outcome of your case.
5. Explore Rehabilitation Options: Depending on your case’s circumstances and the offense’s severity, you may have the opportunity to participate in a rehabilitation program through the Army Substance Abuse Program (ASAP). Completing a rehabilitation program can demonstrate your commitment to overcoming substance abuse issues and may mitigate potential disciplinary actions.