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Smoking 'Spice' while serving in uniform leads to UCMJ action

  • Published
  • By Benjamin Newell
  • AFDW Public Affairs
The hallucinogenic herbs known as Salvia Divinorum and "Spice" are banned and punishable under the Uniform Code of Military Justice as a mind altering substances. Use of these herbs, on or off duty, can result in an investigation by the Office of Special Investigation, and a dishonorable discharge.

Salvia Divinorum, also known as "Sally D" and "Magic Mint," is commonly smoked or chewed, producing a perception of bright lights, vivid colors, shapes and distorted objects. The plant affects the central nervous system and alters brain functions hallucinogenic effects.

Spice, including golden spice, is a mixture of herbs with hallucinogenic effects. The quantity and toxicity of the herbs varies in each product, making some more potent than others. It's typically consumed by smoking, creating a euphoric feeling similar to cannabis.

The drugs made headlines across the Air Force recently following the discharge of seven Airmen at Hill AFB in Salt Lake City, Utah, after it was found that they smoked the plants. The herbs are not a controlled substances and are frequently sold as incense, which consumers choose to smoke, violating specific health warnings and labels.

"You are definitely putting your military career on the line using these herbs," said Lt. Col. Adam Engleman, commander of Air Force OSI 7/FIS. "They are mind-altering substances and their use is investigated by OSI."

Several states, including Maryland, are currently considering laws which would make possession and distribution of the herbs more difficult and tightly controlled. The Maryland State Senate unanimously backed a bill March 29, 2010, banning the use, possession or distribution of the substances by anyone under 21. It will be voted on by the Maryland House of Representatives soon. Under the law, violators would be subject to a $300 fine and charged with a misdemeanor.

Air Force Special Operations Command recently banned both Salvia Divinorum and Spice, and other commands are expected to follow suit. The Air Force District of Washington is currently reviewing its policies with regards to the herbs, but that doesn't mean that Airmen are permitted to use them while the policy is under review.

"Salvia and Spice can mimic the properties of marijuana when used as an inhaled substance," said Roland Hebert, AFDW's director of Intelligence. "It can also mimic marijuana's effects by getting you kicked out of the military."

Article 134 of The Uniform Code of Military Justice bans the use of legal or illegal mind altering substances on or off duty. "Under this code, commanding officers may decide that a group of Airmen who got together in their dorm one weekend and smoked Salvia participated in an illegal activity," said AFDW Judge Advocate Col. Steven Thompson. "Charges could be brought against them under the UCMJ."