Consequences for Spice use

  • Published
  • By Capt. Joseph Andelin
  • 354 Fighter Wing Staff Judge Advocate
Earlier this month Alaska legislature passed a law criminalizing the possession, distribution and use of synthetic cannabinoids commonly known as K2 or Spice. Once signed into law by Alaska Governor Sean Parnell, this legislation will add Alaska to a growing list of states that ban these drugs.

For Airmen, Spice and other intoxicants have been illegal for some time. On June 9, 2010, Air Force Instruction 44-121 was modified to ban the use of anything "that is inhaled, injected, consumed, or introduced into the body in any manner to alter mood or function" other than alcohol or tobacco; Spice is specifically listed as a banned substance in this AFI.
 
Even prior to that, Gen. Gary North, Pacific Air Forces commander, issued General Order No. 1 prohibiting the use of any intoxicating substances, specifically banning the use of Spice. In 2010, 177 Airmen received non-judicial punishment for using Spice and another 83 Airmen faced Spice charges at courts-martial Air Force-wide .

Federal law now also prohibits the use of Spice. On March 1, 2011, the Drug Enforcement Agency used its emergency powers to add synthetic cannabinoids - such as Spice and K2 - to the list of Schedule I controlled substances. This means that Airmen as well as civilians who manufacture, distribute or possess these drugs now face federal criminal and civil penalties.

Since synthetic cannabinoids were already illegal, what does the new Alaska law mean for members of the Eielson community? The practical consequences are that Alaska police and Alaska courts will now be more focused on prosecuting the use, possession and distribution of these drugs. Hopefully this will reduce the Eielson community's access and exposure. From a legal standpoint, the new law exposes Airmen to the possibility of prosecution from the state in addition to their exposure to punishment under the Uniform Code of Military Justice.

Ultimately, Airmen should abstain from using Spice and similar intoxicants because it is inconsistent with honorable service in the Air Force. It degrades physical readiness, impairs mental functions, and presents the risk of long term medical problems and death. Airmen who are under the influence of Spice cannot perform their duties. Effects can include paranoia, panic attacks and giddiness as well as hallucinations, delusions, vomiting and increased agitation.

Since every Air Force member is a volunteer who began service with a solemn oath, simply understanding that Spice use and honorable service are incompatible and should be enough to prevent Spice use within our ranks. But for those who are still struggling with the fundamental concepts of integrity, selfless service and excellence, the Uniform Code of Military Justice and laws like the one just passed by the Alaska legislature provide some additional motivation to avoid Spice.