Minnesota Statutes 192A.566 – Illegal Presence of Controlled Substance While in Duty Status
(a) A person subject to this code who, while in any duty status defined in section 190.05, subdivision 5, submits to a urinalysis test, the result of which is positive for a controlled substance described in paragraph (b), shall be punished as a court-martial may direct.
Terms Used In Minnesota Statutes 192A.566
- Code: means this chapter;
(4) "Commanding officer" means a commissioned officer who is in command of any unit;
(5) "Commissioned officer" includes a commissioned warrant officer;
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;
(7) "Enlisted member" means a person in an enlisted grade;
(8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Military: refers to any or all of the armed forces of the United States or any state;
(13) "Military court" means a court-martial, a court of inquiry;
(14) "Officer" means commissioned or warrant officer;
(15) "Rank" means the order of precedence among members of the state military forces;
(16) "Shall" is used in a mandatory sense;
(17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
(b) For purposes of this section, “controlled substance” includes the following:
(1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance;
(2) any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the president of the United States for the purposes of the Uniform Code of Military Justice of the armed forces of the United States, United States Code, title 10, § 801 et seq.;
(3) any other substance not specified in clause (1) or contained on a list prescribed by the president of the United States under clause (2) that is listed in schedules I through V of article 202 of the Controlled Substances Act, United States Code, title 21, § 812; and
(4) any substance defined in sections 152.01 and 152.027, subdivision 6.
(c) It is an affirmative defense which may be proved by a preponderance of the evidence that the person had a valid prescription for that controlled substance and was using the controlled substance in the manner for which it was prescribed.