'Fake Pot' soon to become illegal under federal law Published Jan. 5, 2011 By 87th Air Base Wing Legal Office JOINT BASE MCGUIRE-DIX-LAKEHURST, N.J. -- As all Airmen in Air Mobility Command should be aware, Gen. Raymond Johns issued a general order Nov. 2, prohibiting the use of intoxicating substances. Specifically, AMC military members are not allowed to possess, distribute, inhale, smoke, chew, consume, or otherwise ingest any type of salvia divinorum, salvinorin A or any botanical incense or herbal mixture called "spice." The order also prohibits AMC military members from inhaling, injecting, smoking, chewing, consuming, or otherwise ingesting any product labeled not safe for human consumption. Additionally, the order prohibits the inhalation of household chemicals or other chemical inhalants or the abuse of over-the counter nonprescription medications to become intoxicated, high, or to alter mood or function or to achieve a psychoactive effect. Finally, the order prohibits the use of prescription medications in any manner other than prescribed. On Dec. 7, interim guidance was issued to AFI 44-121, Alcohol and Drug Abuse Prevention and Treatment Program. The AFI, applicable to all Airmen in the Air Force, prohibits the knowing use of any intoxicated substance, other than the lawful use of alcohol or tobacco products, which is inhaled, injected, consumed, or introduced into the body in any manner to alter mood or function. The guidance states these substances include, but are not limited to, controlled substance analogues (e.g., designer drugs such as "spice" that are not otherwise controlled substances); inhalants, propellants, solvents, household chemicals and other substances used for "huffing"; prescription or over-the-counter medications when used in a manner contrary to their intended medical purpose or in excess of the prescribed dosage; and naturally occurring intoxicating substances (e.g., Salvia divinorum). Additionally, the possession of any intoxicating substance previously described, if done with the intent to use in a manner that would alter mood or function, is also prohibited. Failure to follow Gen. Johns' order or AFI 44-121 is a violation of Article 92 of the Uniform Code of Military Justice. However, members should also be aware that this month the U.S. Drug Enforcement Agency is taking control over a variety of chemicals used to make "fake pot." This action will make possessing and selling these chemicals or the products that contain them illegal in the U.S. They will be designated as Schedule I controlled substances, the most restrictive category, which is reserved for unsafe, highly abused substances with no medical usage. Brands to include, but not limited to, "Spice," "K2," "Blaze," and "Red X Dawn" are common forms of this "fake pot." This action by the DEA will provide an additional avenue of prosecution under Article 112a of the UCMJ for any Airmen who uses these illegal substances. "While we were previously concerned about what stores might be selling 'fake pot' to our Airmen or their families, it will now be illegal for all stores to sell it to anyone in the United States," said Maj. Ryan Hoback, 87th Air Base Wing Legal Office, Deputy Staff Judge Advocate. "To put it simply, military members and their families are not allowed to use these illegal substances at any time. For Airmen, doing so continues to be a failure to follow orders under Article 92 of the UCMJ, and now will be a violation of federal law and Article 112a of the UCMJ. Airmen who elect to use these illegal substances are putting their careers in grave jeopardy with the possibility nonjudicial punishment, discharge, and/or court-martial." For more information, review General Johns' general order, AFI 44-121, the DEA website, or call the base legal office at 754-2010. This article is for informational purposes and is not intended to constitute legal advice or counsel.