Conditional Arrangement in Military Drug Offenses: Closing the Case Without an Indictment

A conditional arrangement is an agreement between the military prosecution and a suspect: the suspect admits the facts of the offense and undertakes to meet certain conditions, and the prosecution undertakes to close the case if he does. In drug offenses this is the main way to avoid an indictment and a criminal record, but it is open only in defined cases. This page explains the principle according to Directive 3.07 of the Military Advocate General’s Corps and Directive 2.05 on drug offenses.

The version of Directive 3.07 that I reviewed was updated in February 2019, and Directive 2.05 was updated in January 2025. Before making a decision, it is worth verifying the current text.

In brief

• A conditional arrangement is possible only where closed detention is not justified. Cases that justify closed detention will not qualify.
• In drug use cases it is generally offered for cannabis (marijuana, hashish) or a synthetic cannabinoid, in civilian circumstances and for a limited number of uses.
• As a condition of the arrangement, the suspect admits the offense and undertakes not to commit another offense during the arrangement period.
• The undertaking period is generally one year. It can be shortened, but not to less than six months.
• If the suspect violates the arrangement, the prosecution may file an indictment, and another offense raises the level of detention.

Two tracks: before and after the indictment

According to the directive, a conditional arrangement can be reached in two ways. The first is an agreement before an indictment is filed, where the offenses do not justify the suspect’s detention. The second is a suspension arrangement after the indictment is filed: the proceeding in the military court is “frozen” during the arrangement period, and it is used where, in the prosecutor’s view, the offenses justify open detention. The arrangement is drawn up by a military prosecutor or a deputy military prosecutor.

In which drug offenses

Under Directive 3.07, a suspect is generally offered a conditional arrangement for drug offenses committed in civilian circumstances: use of cannabis (marijuana, hashish) or a synthetic cannabinoid, generally up to four uses and up to five in exceptional circumstances; possession of cannabis for personal use in an amount that justifies open detention at most; and attempts to commit such offenses. Directive 2.05 provides that in a possession or use case as well, the prosecutor may offer such an arrangement if all the conditions are met.

In practice: hard drugs, trafficking and brokering offenses, and cases that justify closed detention are not eligible for a conditional arrangement. The same applies in any case where the circumstances of the offense are military.

The conditions of the arrangement

• An admission of the facts of the offense.
• An undertaking to refrain from another offense, particularly during military service.
• An undertaking not to seek release from service on grounds of bad and serious conduct or lack of motivation, including within a drug committee.
• An undertaking period of one year in general, and in any case not less than six months.

The arrangement ends, at the latest, when the suspect leaves the application of the Military Justice Law. If he met the conditions, the case is closed.

What happens in case of a violation

Someone who violated a conditional arrangement or a suspension arrangement by committing another drug offense is likely to face a detention request at a higher level: open detention instead of release, and closed detention instead of open. The prosecution also regards the violation as an independent ground for detention, and may file the original indictment. See detention in drug offenses in the army.

What to do when an arrangement is offered or when you want to request one

1. Do not sign before you understand the consequences. The admission of the facts is part of the agreement.
2. Check whether the suspect falls within the number of uses and the type of drug set out in the directive.
3. Find out whether a conditional arrangement was signed in the past. A further arrangement is not a given, and this should be checked with the prosecution.
4. Ask to bring the request forward, before an indictment is filed, where possible.
5. Document all undertakings and dates in writing.

How I work

I represent soldiers in MPCID investigations and in the military court in drug offenses. My office is in Tel Aviv, in the Alon 2 Tower (Yigal Alon 94), by the Ayalon highway. You can reach me by phone or WhatsApp.

See also drug offenses in the IDF: legal advice and representation, drug possession in the army, detention in drug offenses in the army and military lawyer.

Frequently asked questions

Does a conditional arrangement mean there is no criminal record?

When the prosecution closes the case at the end of the arrangement, no indictment is filed and there is no conviction. However, an admission of the facts is a condition, so it is worth understanding the consequences in advance.

How long does the arrangement last?

Generally one year. The prosecutor can shorten the period, but not to less than six months.

What happens if a soldier commits an offense during the arrangement period?

The prosecution may file an indictment, and a higher level of detention will be requested.

Is it possible to get a conditional arrangement after an indictment?

Yes, as a suspension arrangement. It is offered where, in the prosecutor’s view, the offenses justify open rather than closed detention.

Sources

• Directive 3.07 of the Military Advocate General’s Corps, “Conditional Arrangements and Suspension Arrangements” (updated February 2019)
• Directive 2.05 of the Military Advocate General’s Corps, “Drug Offenses” (updated January 2025)
• Military Justice Law, 5715-1955, and Amendment 66 to the Law

Written by Adv. Emanuel Trach, attorney and notary with 15 years of experience, office in Tel Aviv. Published: 2 November 2026. Updated: 2 November 2026.