United States v. Tyhurst

DECISION

KASTL, Senior Judge:

Are analog or so-called designer drugs punishable under the current language of Article 112a, UCMJ, 10 U.S.C. § 912a? Frequently they are not, we hold today.

Airman First Class (A1C) Tyhurst was found guilty in accordance with his pleas of various drug-related offenses involving cocaine, methamphetamine, marijuana, and lysergic acid diethylamide. In addition, he offered a conditional guilty plea as to use and distribution of N-hydroxy-3, 4-methy-lenedioxy amphetamine. The substance was characterized at trial — wrongly, we are advised — by the street name of…