Legal Question in Military Law in Tennessee

What if you had no knowledge you possesed a Controlled Substance ?

I'm in the military i'm being charged with possession of a controled substance. Tylenol #3. It was someone elses medicine. One day i found it in a shipmates rack that had already left the ship.... Thinking nothing about it i took the tylenol and put them in my rack because he was already gone. I left them in there forgot about them. I got my rack searched one day and they were found. Now they are saying I possessed a controlled substance? I had no knowledge that Tylenol #3 was a controlled substance. We have all kinds of medicine on the ship and they give out tylenol like its candy, so if i didn't know it was a controlled substance how can i be brought up on charges when i thought it was just some kind of tylenol ? I know i shouldn't have took it if someones name was on it, but i did even so if i knew it was considered a controlled substance i would have just threw it away. I'm going to Captains mast soon so if you could reply quickly i would appreciate it. Thank you very much.


Asked on 7/21/05, 2:36 am

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: What if you had no knowledge you possesed a Controlled Substance ?

If you have not yet seen a Navy Defense Counsel, run, don't walk to their office! Unless you are onboard and attached to a ship, you have the right to refuse punishment by Captain's Mast, which MIGHT be a good idea. I am NOT recommending that you do this without discussing this with a lawyer, which you are entitled to consult with BEFORE you make your decision. This is not a secure mode of communication so please do not respond with any more "private" details - but a good defense lawyer will have a number of questions.

The bottom line is that for them to legitimately charge you under the UCMJ, they have to prove that you "knowingly" possessed a controlled substance - the "knowing" possession of tylenol does not mean anyone "knew" that it had a controlled substance in it... unless the container was marked "Controlled Substance." Beware that a Mast for drugs subjects you to an Administrative Discharge with less than an Honorable Discharge, so you REALLY need to talk to a lawyer ASAP.

If you want to discuss this more, email me at [email protected] and you can check me out at: http://www.donaldgrehkopf.com/

Regards,

Don Rehkopf

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Answered on 7/21/05, 3:18 am


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