Will a civilian do jail time for being caught with drugs on a military base? 27 Answers as of July 03, 2013

What will happen in federal court to a civilian caught taking weed on to a military base? He has not been in trouble for over 22 years. He only had maybe 10 or 12 grams of weed. Will he do time?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law office of Robert D. Scott | Robert Scott
Criminal activity on a U.S. Military Installation is a federal offense, subject to federal penalties of incarceration and/or monetary fines.
Answer Applies to: Maryland
Replied: 12/6/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
It is very possible. Because the crime occurred on a military base your matter will be held in federal court which means there will be no leniency on the pot issue. Marijuana is treated the same as heroin and other heavy narcotics.
Answer Applies to: California
Replied: 12/1/2011
Epstein & Conroy
Epstein & Conroy | David B. Epstein
Probably not, but there are too many factors to answer this question fully. However, you should realize that under Federal Law marijuana is a Schedule A drug, just like heroin and cocaine.
Answer Applies to: New York
Replied: 11/30/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Criminal possession of contraband on a military base is a very serious charge. It can be charged as a federal offense which may carry with it potential jail penalties.
Answer Applies to: Minnesota
Replied: 11/29/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Probably. This would be a crime prosecuted in Federal Court. And it would be subject to the federal sentencing laws.
Answer Applies to: Michigan
Replied: 11/29/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The answer to your specific question would depend upon what charges are brought, who brings them (state, federal) and what his specific criminal history is.
    Answer Applies to: Kansas
    Replied: 7/3/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on whether you are charged under Federal Law or State Law. I don't have the Federal Sentencing guidelines but under state law you will do at least one day in jail.
    Answer Applies to: Washington
    Replied: 11/28/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    He absolutely could. You need to hire a lawyer with military law background. This is a specialized area so do your research. The forces are not going to look favorably upon this.
    Answer Applies to: Texas
    Replied: 11/28/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Sentencing is a matter for the court to decide. Based on what you have said, I doubt he will do time, but again, that is up to the discretion of the court. Also, is he being charged under federal law or state law. The penalties (and procedures) could vary greatly.
    Answer Applies to: New York
    Replied: 11/28/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Possession of marijuana is a federal crime and can be prosecuted if the person had the marijuana any place under the jurisdiction of the United States. Possession on a United States military base is defiantly under the federal jurisdiction. The question of what the punishment would be for possession of marijuana on a military base depends on the facts of the crime and what court it is prosecuted in. If everything goes well for him and he gets all the breaks he should not do time.
    Answer Applies to: California
    Replied: 11/28/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 6/2/2013
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    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.
    Answer Applies to: Florida
    Replied: 11/28/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    Federal crimes have specific sentences based on amount of drugs along with other factors.
    Answer Applies to: Texas
    Replied: 7/3/2013
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    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.
    Answer Applies to: Michigan
    Replied: 11/28/2011
    Law Office of J. Edward Jones | J. Edward Jones
    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.
    Answer Applies to: Utah
    Replied: 11/28/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    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.)
    Answer Applies to: Virginia
    Replied: 11/28/2011
    bark & karpf
    bark & karpf | peter bark
    Maybe, maybe not. He could get jail time or probation.
    Answer Applies to: New York
    Replied: 11/28/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    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.
    Answer Applies to: New York
    Replied: 11/23/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    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.
    Answer Applies to: California
    Replied: 11/23/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    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.
    Answer Applies to: California
    Replied: 11/23/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No.
    Answer Applies to: California
    Replied: 6/2/2013
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    That is a federal offense punishable by up to a year in jail.
    Answer Applies to: California
    Replied: 7/3/2013
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Depends on criminal history and whether they want to prosecute federally.
    Answer Applies to: Wyoming
    Replied: 7/3/2013
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney