Legal Question in Military Law in Texas
General Court Martial
Is a convition ion a military general court martial for a one time postive urinalysis for cocaine and marijuana a felony?
The release from military was Under Other Than Honorable.
Asked on 8/23/08, 9:40 pm
1 Answer from Attorneys
Philip D. Cave
Military Law & Justice
Re: General Court Martial
No.
Whether or not either a general or a special court-martial conviction is a felony is decided based on comparison of similar state charges in the state where the person is living.
It's possible, but we are not aware of any state that classifies use of controlled substance as a felony. Felony status in drug cases usually comes up when there are allegations of distribution, conspiracy to sell/distribute, sales, violence in connection with drugs, and the like.
Answered on 8/23/08, 9:48 pm
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