Abstract

Over the past 25 years, the military drug testing program has evolved into a large workplace testing program, with pre-employment, random and targeted testing. Service members who test positive after abusing drugs can be charged with violations of the Uniform Code of Military Justice and subjected to a variety of military legal proceedings, including administrative hearing boards and courts-martial. Those found guilty at courts-martial and convicted of drug abuse will have a federal conviction on record. Over the years, military and civilian judicial proceedings helped establish case law in regard to drug testing. Likewise, toxicologists working in the military drug testing program have gained a wealth of knowledge about working within the legal system. The review of selected case law and its application to laboratory operations in legal proceedings defines some of the issues that may arise during court testimony.

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