Eglin Airman court-martialed for Spice

  • Published
  • Air Armament Center Legal Office
EGLIN AIR FORCE BASE, Fla. --  An Airman with the 96th Medical Support Squadron was convicted of abusing the drug Spice and three other charges of distributing drugs to other Airmen, here March 23.

Airman Marcus Bennett became the first Air Force member to be convicted through court-martial of using Spice, although his usage came prior to the base's General Order banning the intoxicant. Airman Bennett, who worked as a pharmacy technician here, pled guilty to providing Airmen Vicodin, Percocet and Demerol from his own prescriptions.

During his court-martial, Airman Bennett plead guilty to:
-Abusing Spice for the purpose of altering his mood or function, on divers (multiple) occasions, in violation of Article 134, UCMJ.
-Wrongfully distributing Vicodin, a Schedule III Controlled Substance, on divers occasions in violation of Article 112a, UCMJ.
-Attempting to wrongfully distribute Percocet, a Schedule II Controlled Substance, in violation of Article 80, UCMJ
- Attempting to wrongfully distribute Demerol, a Schedule II Controlled Substance, in violation of Article 80, UCMJ

The judge sentenced Airman Bennett to a Bad Conduct Discharge, 45 days confinement, reduction in rank to airman basic and forfeiture of 2/3 of his pay for 30 days. A Bad Conduct Discharge is the most serious form of punitive discharge authorized in a Special Court-Martial.

Spice is a brand name for a mixture of herbs and other synthetic cannabinoid ingredients usually smoked for their cannabis-like effects. Several different flavors of Spice have been marketed which have been shown to contain different proportions of a synthetic cannabinoid, including HU-210 and JWH-018, and reportedly produce effects similar to THC, the active ingredient in marijuana.

Maj. Gen. Charles R. Davis, Air Armament Center commander, issued a "general order prohibiting the use of intoxicating substances" in December. This order included "possessing, distributing, inhaling, smoking, chewing, consuming, or introducing into the body in any manner Salvia Divinorum, Salvinorin A, or the intoxicant "Spice" in any form."

The order now means Airmen who use or possess Spice are subject to being charged either under Article 134 (as Airman Bennett was) or under Article 92 for violating a lawful order.