Will a civilian do jail time for being caught with drugs on a military base? 19 Answers as of December 06, 2011

You can always "do time". The question is it probable? I don't know without knowing if the authorities are thinking this was for personal use or you were delivering it.

It is a federal offense and can be prosecuted in federal court. It is possible, with a past criminal record, that jail time would be served upon conviction.

A civilian could do jail time for being caught with drugs, including marijuana, on a military base. Because a military base is federal property, the case could be tried in federal criminal court, but the case could be sent to the local state court if the local US attorney is not interested in the case. The amount of punishment will be determined by the defendant's criminal history and the amount of drugs. If it is a small amount of drugs, and the individual has been crime free for 22 years, then there is a good chance that it would be filed as a misdemeanor, and that the jail time would be minimal if any. A fine, and court ordered drug counseling is likely. Good luck.

12 grams of weed is about 1/2 oz of the contraband so (without any recent prior convictions), this federal offender should be eligible for probation before judgment which should allow him the opportunity to emerge from the case without a record of conviction. (Nevertheless, he would be well advised to hire an attorney to represent him in the federal court involved to maximize his chances of receiving this particular disposition.)

Maybe, maybe not. He could get jail time or probation.

You should retain a good criminal attorney if you are accused of a crime, especially in federal court. Federal cases are governed by the Federal Sentencing Guidelines which are very harsh and include jail terms for most federal crimes. If it was simple possession of a small amount of marijuana and he does not have a prior criminal record he will probably get probation. If he is suspected of selling drugs he will be facing a prison term of 12-24 months.

There is a lot of difference between the attitudes of many state prosecutors about weed and that of federal prosecutors. The latter do not care if there is a MJ card or not. My guess is that there will probably be some time, if convicted. Hire an attorney familiar with prosecution on military reservations.

Yes, a civilian can be charged with illegal possession if caught with drugs on a military base. Small amounts of marijuana do not usually result in jail time, but he will pay a fine, and may be placed on probation.

Your friend will have to appear in federal court if he is a civilian, and may be convicted of felony posession. If he has no record he may receive probation due to the small amount of the marijuana. Federal Courts are most jealous on illegal drug cases occuring on military bases.