UCMJ trumps new marijuana law Published Jan. 27, 2009 By Maj. Michael Spargo Electronic Systems Center Legal Office HANSCOM AIR FORCE BASE, Mass. -- While a new Massachusetts law recently decriminalized possession of small amounts of marijuana, anyone caught with marijuana on Hanscom Air Force Base will not benefit from the new law. As of Jan. 2, under a new Section 32L of chapter 94C of the Massachusetts General Laws, possession of an ounce or less of marijuana or tetrahydrocannabinol will be a civil offense, punishable by a civil penalty of $100 and forfeiture of the marijuana. This is similar to existing federal law for possession of small amounts of marijuana. Under the new law, those who are caught with an ounce or less of marijuana by law enforcement officials off base will receive a civil citation. They may then appeal the civil infraction in court within 21 days or pay the $100 fine set in the law. The change in the above law does not affect Massachusetts' existing law with regard to distribution of marijuana or possession with intent to distribute marijuana. Distribution and possession with intent to distribute are both treated as serious criminal offenses under state and federal law. The change in Massachusetts' law does not affect military service members. Military members continue to be subject to prosecution under Article 112a of the Uniform Code of Military Justice for misconduct on and off duty and on and off base. Under the UCMJ, servicemembers can be prosecuted for wrongful use, possession, introduction and distribution of marijuana. Any civilians on Hanscom who possess or use marijuana are subject to state and federal law, employee discipline and barment from the base. For more information call the Electronic Systems Center Legal Office at (781) 377-2361.