Drug Use

Overview | What to Look For | What to Do | What to Avoid
What to Expect | Troubleshooting

Marine is Suspected of Using Illegal Drugs

Overview

For good order and discipline, suspicion of drug abuse must be investigated. Drug use not only puts the Marine using drugs at risk, but also fellow Marines. Drug use by even one Marine degrades the readiness and morale of the unit. Further, if not promptly dealt with, the command sends the wrong message to subordinates. Consider the following scenarios:

• A nineteen year-old Private First Class has displayed abnormal behavior since receiving his follow on orders to Iraq; these behaviors where reported to the Company Gunny by the Marine's roommate after smelling what appeared to be the odor of marijuana coming from the head.
• You receive several letters of indebtedness on one of your Marines. He is a 20 year old, Lance Corporal who lives in the barracks. Upon speaking with his SNCOIC, you also learn that in the last three months, this Marine's performance has dropped dramatically.
• In the first case, there is clear probability of drug use, but the other is less clear. The point is that where there is behavior change, and the cause is unclear, drug use could be a factor.

What to Look For

• Drug odors or indications.
• Drug paraphernalia.
• Rumors or reports of drug use.
• Unexpected changes in behavior or thinking, such as:
  • Impaired perception.
  • Diminished short-term memory.
  • Deterioration in personal appearance and performance.
  • Lack of focus.
  • Loss of motivation.
  • Anxiety, panic attacks, and paranoia.
  • Mood swings.
  • Irritability.
  • Lateness for work or formation.
  • Changes in peers and friends.
• Weight loss. 
• Financial problems.
• Hanging out in a part of town known for drug activity during liberty hours.
• Problems with interpersonal relationships (marriage, girlfriend/boyfriend, co-workers).

What to Do

If drug use is reasonably suspected, then there are several different ways to identify or rule out drug use:

• Refer Marine to the unit Substance Abuse Control Officer (SACO) for screening. The CO can order the Marine to go. Refusal subjects the Marine to the UCMJ. 
• Order drug testing. There are four testing premises that may be used here, however it is highly recommended that Commanding Officers consult with the legal assistance officer before selecting a test premise to avoid legal difficulties should the case end-up in a court-martial. 
• Potential test premises:
  
  • Test conducted with member's consent (VO). Marines suspected of having unlawfully used drugs may be requested to voluntarily consent to urinalysis testing. Prior to requesting consent, the command representative should generally advise the Marine that they may decline to provide the specimen. If drug paraphernalia were discovered but no drugs were found, the command should check with legal to see if there's enough evidence for a command directed or probable cause urinalysis if a request for consent is declined. Where practical, consent should be obtained in writing. According to Article 31(b), UCMJ, warnings are not required in such cases provided that no other questioning of the Marine takes place. Further guidance concerning consent searches is contained in Military Rules of Evidence (M.R.E.) 311, 312, 314 through 316.
  • Probable Cause Tests (PO). Urinalysis tests may be ordered per M.R.E. 312(d) and 315 whenever there is probable cause to believe that a member has committed a drug offense and that a urinalysis test will produce evidence of such an offense. Probable cause tests must meet several stringent criteria before it is considered legal. Consultation with a Judge Advocate on the issue of probable cause is strongly encouraged. 
  • Command-directed (CO). The Command Directed does not require the same legal hurdles as Probable Cause, and can be ordered by the Commander whenever a specific Marine's behavior or conduct gives rise to a reasonable suspicion of drug abuse or whenever drug use is suspected within a unit. A command-directed examination may be ordered to determine competency for duty and the need for counseling, rehabilitation, or other medical treatment.  See MCO 1700.24B and  OPNAVINST 5350.7 for procedures.
  • Random selection (IR).This test premise is used for the random testing of work sections, groups (selected by last digit of SSN), or all command members. Testing should be conducted on a routine basis to act as a deterrent. 
  • Once a determination on the test of premises code to use for the urinalysis is made, refer the Marine to the SACO, who will ensure that the urinalysis is conducted IAW MCO P1700.24B
• Following proper procedure is most important. While lab results are extremely accurate and testing procedures are pretty much airtight at the Navy Drug Screening Laboratories, collection procedures are normally what come under fire. You should assume from the start that the entire collection process will be scrutinized in any court-martial, if the issue should come to that.

What to Avoid

• Not taking any action on signs of potential drug use.

• Allowing excuses to cloud facts.

• Accusing the individual of using drugs – follow due process as recommended by your legal officer.

• Not referring the individual to the unit Substance Abuse Control Officer (SACO) or local Substance Abuse Counseling Center (SACC) for screening if there is reasonable suspicion.

What to Expect after Taking Action

• Certified substance abuse counselor will screen the Marine in order to rule out abuse or dependency.

• Counselor will refer the Marine to a medical officer for diagnosis and treatment recommendation.

• The Marine will either be:

  • Returned to command with no further action required by the treatment center.
  • Command will be contacted with administrative recommendations and the Marine will be scheduled for treatment as determined by a medical officer. See Drug-Related Incident section for more details.

Troubleshooting

• Marine denies drug problems or usage. Using the “whole Marine” approach, interview the Marine, and the Marines' leaders to further evaluate the possibility of illegal drug use. 

• Marine confirmed of committing an act of illegal drug use. Individual must be processed for separation and offered treatment.  See Drug-Related Incident section for more details.

• If urinalysis result is negative, no further substance action is required.

• If urinalysis result a positive result; refer Marine to Substance Abuse Counseling Center (SACC) for an assessment. Based upon the assessment will determine if treatment is required.

• How to recognize illegal drugs from legitimate prescription medicines:

  • No one can effectively identify a drug by sight, taste, or smell except for marijuana.
  • Marijuana, which is usually smoked, can also be found as hashish in candy and cookies. In such cases, the best that can be done is to suspect the possibility of illegal use and proceed accordingly.