Taking supplements: Defend yourself from the legal risks of supplements Published March 8, 2013 By Senior Airman Mike Tryon 90th Missile Wing Public Affairs F. E. WARREN AIR FORCE BASE, Wyo. -- The Controlled Substances Act of 1970 categorized substances, ranging from illicit and recreational drugs to pharmaceuticals, into five schedules. The substances are scheduled based primarily on three main factors: the potential for abuse, medicinal purpose or validity in the U.S. and the likelihood of physical or psychological dependence. Schedule I substances are usually illicit drugs such as marijuana and ecstasy, whereas pain killers, pharmaceuticals and certain dietary supplements range anywhere from Schedule II to Schedule V. Supplement use is a current issue that can potentially get good Airmen into trouble that they might not be able to get out of, said Capt. Justin Lonergan, 90th Missile Wing Area Defense Counsel. The Uniform Code of Military Justice prohibits wrongful use, possession or distribution of any controlled substance, not just well-known illicit drugs. In the past, Airmen have been investigated for criminal possession of controlled substances because legal supplements may have contained controlled substances without the Airman's knowledge. News and government reports are full of proven cases of supplements tainted with obscure controlled substances as a result of poor manufacturing or quality control processes, Lonergan said. Although the Department of Defense has set maximum amounts of controlled substances allowed in a person's system, Airmen may or may not test positive for the substances if they were to be administered a urinalysis after using the tainted supplement, he explained. Similarly, Airmen occasionally get in trouble for taking "leftover" or "extra" prescription pills, especially painkillers, for unauthorized uses such as pain relief after intense workouts or fitness sessions. "Testing positive on a urinalysis potentially, although not always, proves there was a substance in your system," he added. "The question from there becomes, why was that particular substance in your system? Is there a valid medical reason or an innocent explanation? "Regardless of whether an Airman offers proof of an innocent explanation for a positive urinalysis, a court-martial for controlled substance use or possession carries significant risks, including the possibility of a lifelong federal conviction; if convicted, an Airman can be sentenced to a range of punishments, including possible confinement and a punitive discharge from the military," Lonergan said. "This risk is all the more significant because I am seeing an increasing number of courts-martial for drug offenses not involving the 'usual' drugs, like marijuana, making supplement use a real legal concern." Even if not court-martialed, Airmen are still subject to discharge for wrongful use or possession of controlled substances. Those administrative separations are under "less than honorable conditions" in almost all cases, meaning the separated Airman will not receive G.I. Bill benefits. The government also does not need the same level of convincing proof to process a separation as it does to warrant a conviction at trial, Lonergan said. "Unfortunately, there is no 'cookie-cutter' answer or approach to any case regarding controlled substance use or possession," Lonergan said. "Keep in mind that the Area Defense Counsel's Office exists to help Airmen involved in these situations -- even if the Air Force is not aware of the situation. Consulting an ADC is free and confidential, and representation cannot be used against you." *Editor's note: This is the final article in a series of articles focusing on dietary supplements.