Army E-4 Found Not Guilty by Officer Member Panel

Army E-4 tested positive on a random urinalysis test for marijuana at a nanogram level 5x the DoD cutoff.  Upon our advice, he refused to accept nonjudicial punishment.  His chain of command elected to refer his case to a Special Court-Martial.  During the ensuing court-martial, the defense argued that even if the urinalysis test was accurate, the government failed to present evidence that our client’s use of marijuana was knowing and conscious, as required by Article 112a, UCMJ.  Following closing arguments, the officer panel deliberated for only 13 minutes before returning a verdict of NOT GUILTY.