Joint Base San Antonio, Texas–When any military member tests positive on a random urinalysis (UA), their first stop should be to a trial lawyer who knows how to defend these cases.
Here, a well-respected Air Force medical provider tested positive for delta-9 tetrahydrocannabinol (THC), the cannabinoid that provides the desired effects from marijuana. Many services default to Article 15 non-judicial punishment for positive UAs for THC (whether it be delta-9 THC or delta-8 THC–more commonly marketed as “legal weed”). Many legal offices struggle with exactly how to charge these positive results, sometimes charging as use of marijuana, sometimes charging as THC, a controlled substance, and sometimes, a mixture.
The medical provider opted to stick with the detailed military counsel during the Article 15 proceedings, which resulted in a one-star general making a finding of guilty for knowing use of delta-9 THC. Military counsel surrendered, but the officer was not yet ready to.
(Enter Veritas Military Law.)
Mr. Tolin jumped into the evidence and Article 15 and recommended an appeal and set aside request. (Because an Article 15 appeal only applies to the punishment, many military counsel (and non-lawyer supervisors and first seargents), who lack long-term defense experience advise their clients not to appeal, because it “looks bad.” An experienced military attorney should be able to truly tell whether an appeal and set aside request might be the right strategy.)
Mr. Tolin did not just submit an argument. He saw what was missing, got the necessary evidence from an expert toxicologist and the one eye-witness who could corroborate the accused, and made the officer’s case to the one-star general who issued the NJP. While that one-star general was not convinced based on the new evidence and argument from Veritas Military Law, the two-star general next in the chain of command was.
While the officer received administrative action for poor judgement, the entire Article 15 for knowingly using a controlled substance was set aside: recognition that the truth can prevail in military justice.