(a) A member of the militia who wrongfully uses, possesses, manufactures, distributes, or imports a controlled substance into the customs territory of the United States, exports from the United States in violation of the laws of the United States or the state, or who wrongfully introduces a controlled substance into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or the military forces of a state may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the charge is for wrongful use or possession, or by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the charge is for manufacturing, distributing, or importing.

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Terms Used In Alaska Statutes 26.05.870

  • confinement: means the physical restraint of a person. See Alaska Statutes 26.05.990
  • controlled substance: means
    (A) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana. See Alaska Statutes 26.05.990
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) A court-martial may not impose a sentence of confinement under this section if the charge is for use or possession of marijuana or any marijuana derivative or compound.
(c)[Repealed, Sec. 41 ch 85 SLA 2018.]