Revised Code of Washington
Chapter 38.38 - Washington Code of Military Justice.
38.38.762 - Use, possession, or distribution of controlled substances.

RCW 38.38.762
[Art. 112a] Use, possession, or distribution of controlled substances.

(1) Any person subject to this code who wrongfully uses, possesses, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces or organized militia a substance described in subsection (2) of this section shall be punished as a court-martial may direct.
(2) The substances referred to in subsection (1) of this section are the following:
(a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and cannabis and any compound or derivative of any such substance;
(b) Any substance not specified in (a) of this subsection that is listed on a schedule of controlled substances prohibited by the United States army; or
(c) Any other substance not specified in this subsection that is listed in Schedules I through V of section 202 of the federal controlled substances act, 21 U.S.C. Sec. 812, as amended.
(3) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101.

[ 2022 c 16 § 27; 2009 c 378 § 25.]
NOTES:

Intent—Finding—2022 c 16: See note following RCW 69.50.101.

Structure Revised Code of Washington

Revised Code of Washington

Title 38 - Militia and Military Affairs

Chapter 38.38 - Washington Code of Military Justice.

38.38.004 - Definitions—Construction.

38.38.008 - Persons subject to this code.

38.38.012 - Jurisdiction to try certain personnel.

38.38.016 - Dismissal of commissioned officer.

38.38.020 - Territorial applicability of the code.

38.38.024 - Judge advocates and legal officers.

38.38.064 - Apprehension.

38.38.068 - Apprehension of deserters.

38.38.072 - Imposition of restraint.

38.38.076 - Restraint of persons charged with offenses.

38.38.080 - Confinement in jails.

38.38.084 - Reports and receiving of prisoners.

38.38.088 - Punishment prohibited before trial.

38.38.092 - Delivery of offenders to civil authorities.

38.38.132 - Commanding officer's nonjudicial punishment—Suspension—Appeal.

38.38.172 - Courts-martial of organized militia not in federal service—Composition—Jurisdiction—Powers and proceedings.

38.38.176 - Jurisdiction of courts-martial in general.

38.38.180 - Jurisdiction of general courts-martial.

38.38.184 - Jurisdiction of special courts-martial—Dishonorable discharge.

38.38.188 - Jurisdiction of summary courts-martial.

38.38.192 - Sentences of dismissal or dishonorable discharge to be approved by the governor.

38.38.196 - Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.

38.38.200 - Confinement instead of fine.

38.38.240 - Who may convene general courts-martial.

38.38.244 - Special courts-martial of organized militia not in federal service—Who may convene.

38.38.248 - Summary courts-martial of organized militia not in federal service—Who may convene.

38.38.252 - Who may serve on courts-martial.

38.38.256 - Military judge of a general or special court-martial.

38.38.258 - Military judges—Qualifications.

38.38.260 - Detail of trial counsel and defense counsel.

38.38.264 - Detail or employment of reporters and interpreters.

38.38.268 - Absent and additional members.

38.38.308 - Charges and specifications.

38.38.312 - Compulsory self-incrimination prohibited.

38.38.316 - Investigation.

38.38.320 - Forwarding of charges.

38.38.324 - Advice of state judge advocate and reference for trial.

38.38.328 - Service of charges.

38.38.368 - Governor may prescribe rules.

38.38.372 - Unlawfully influencing action of court.

38.38.376 - Duties of trial counsel and defense counsel.

38.38.380 - Sessions.

38.38.384 - Continuances.

38.38.388 - Challenges.

38.38.392 - Oaths.

38.38.396 - Statute of limitations.

38.38.400 - Former jeopardy.

38.38.404 - Pleas of the accused.

38.38.408 - Opportunity to obtain witnesses and other evidence.

38.38.412 - Refusal to appear or testify—Penalty.

38.38.416 - Contempts.

38.38.420 - Depositions.

38.38.424 - Admissibility of records of courts of inquiry.

38.38.428 - Voting, rulings, instructions.

38.38.432 - Number of votes required.

38.38.436 - Court to announce action.

38.38.440 - Record of trial.

38.38.480 - Cruel and unusual punishments prohibited.

38.38.484 - Maximum limits—Reduction in pay grade.

38.38.488 - Effective date of sentences.

38.38.492 - Execution of confinement.

38.38.532 - Execution of sentence—Suspension of sentence.

38.38.536 - Initial action on the record.

38.38.540 - Initial action on the record—General court-martial records.

38.38.544 - Reconsideration and revision.

38.38.548 - Rehearings.

38.38.552 - Approval by the convening authority.

38.38.556 - Review of records—Disposition.

38.38.560 - Error of law—Lesser included offense.

38.38.564 - Review counsel.

38.38.568 - Vacation of suspension.

38.38.572 - Petition for a new trial.

38.38.576 - Remission and suspension.

38.38.580 - Restoration.

38.38.584 - Finality of proceedings, findings and sentences.

38.38.624 - Persons to be tried or punished.

38.38.628 - Principals.

38.38.632 - Accessory after the fact.

38.38.636 - Conviction of lesser included offense.

38.38.640 - Attempts.

38.38.644 - Conspiracy.

38.38.648 - Solicitation.

38.38.652 - Fraudulent enlistment, appointment, or separation.

38.38.656 - Unlawful enlistment, appointment, or separation.

38.38.660 - Desertion.

38.38.664 - Absence without leave.

38.38.668 - Missing movement.

38.38.672 - Contempt towards officials.

38.38.676 - Disrespect towards superior commissioned officer.

38.38.680 - Assaulting or willfully disobeying superior commissioned officer.

38.38.684 - Insubordinate conduct toward warrant officer or noncommissioned officer.

38.38.688 - Failure to obey order or regulation.

38.38.692 - Cruelty and maltreatment.

38.38.696 - Mutiny or sedition.

38.38.700 - Resistance, breach of arrest, and escape.

38.38.704 - Releasing prisoner without proper authority.

38.38.708 - Unlawful detention of another.

38.38.712 - Noncompliance with procedural rules.

38.38.716 - Misbehavior before the enemy.

38.38.720 - Subordinate compelling surrender.

38.38.724 - Improper use of countersign.

38.38.728 - Forcing a safeguard.

38.38.732 - Captured or abandoned property.

38.38.736 - Aiding the enemy.

38.38.740 - Misconduct of a prisoner.

38.38.744 - False official statements.

38.38.748 - Military property—Loss, damage, destruction, or wrongful disposition.

38.38.752 - Property other than military property—Waste, spoilage, or destruction.

38.38.756 - Improper hazarding of vessel.

38.38.760 - Reckless or impaired operation of a vehicle, aircraft, or vessel.

38.38.762 - Use, possession, or distribution of controlled substances.

38.38.764 - Drunk on duty—Sleeping on post—Leaving post before relief.

38.38.768 - Dueling.

38.38.772 - Malingering.

38.38.776 - Riot or breach of peace.

38.38.780 - Provoking speeches or gestures.

38.38.782 - Assault upon another member of the organized militia.

38.38.783 - Larceny and wrongful appropriation.

38.38.784 - Perjury.

38.38.788 - Frauds against the government.

38.38.796 - Conduct unbecoming an officer and a gentleman.

38.38.800 - General article.

38.38.840 - Courts of inquiry.

38.38.844 - Authority to administer oaths.

38.38.848 - Sections to be explained.

38.38.852 - Complaints of wrongs.

38.38.856 - Redress of injuries to property.

38.38.860 - Execution of process and sentence.

38.38.864 - Process of military courts.

38.38.868 - Payment of fines and disposition thereof.

38.38.872 - Immunity for action of military courts.

38.38.876 - Presumption of jurisdiction.

38.38.880 - Delegation of authority by the governor.

38.38.884 - Uniformity of interpretation.

38.38.888 - Short title.