Drug Possession in the Army: One Gram of Cannabis, a Joint, and an Indictment

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Drug Possession in the Army: A Gram of Cannabis, a Joint, and an Indictment: What the Military Prosecution Decides

A soldier caught with cannabis, a joint, or any other drug usually asks three questions: Will an indictment be filed against me? Will I be arrested? And what will this do to my future? The answer depends mainly on the type of drug, the quantity, where it was found, and prior history. In this guide I explain what the policy of the Military Advocate General’s prosecution sets out (Directive 2.05, updated January 2025), what the exceptions are, and what to do before speaking with the investigators.

The directive is an internal prosecution document. It guides the prosecutors, but it is not a law and does not bind the military court, so the rule it sets is “as a rule” and not “in every case.”

In Brief

Cannabis (marijuana, hashish) or a synthetic cannabinoid in a quantity of up to one gram: as a rule, no indictment is filed. The case is closed and the suspect is warned.
Any other drug, even less than a gram: as a rule, an indictment is filed in a military court.
Even with one gram of cannabis, an indictment is filed if there is a prior drug record, additional offenses, or obstruction of the investigation, or if the drug was found in the unit and there was an intention to keep or use it there.

What Counts as “Possession” and Whom It Applies To

The directive provides that a soldier who committed an offense under the Dangerous Drugs Ordinance, even in civilian circumstances, falls under the army’s handling. An indictment will be filed even if the offense was committed during leave, sick leave, abroad, and even after some time has passed, as long as the Military Justice Law applies and the offense has not become time-barred. The offense of possession and use is generally charged under Section 7 of the Ordinance.

Civilian employees of the IDF are a different case. According to the directive, “purely civilian” personal use by such an employee will not be brought before the military court, because a connection is required between the offense and the service.

The indictment must specify the net quantity of the drug (or the gross quantity if there is no data) and whether the drug was held for personal use. If it is not explicitly alleged that the drug was held for a purpose other than personal use, the defendant is charged with possession for personal use only.

“Crumbs”: One Gram of Cannabis

This is the central rule for soldiers. Possession of cannabis or a synthetic cannabinoid in a quantity not exceeding one gram will not, as a rule, justify an indictment in a military court. The prosecutor will order the case closed and warn the suspect in his opinion.

The rule does not apply, and an indictment will be filed, in each of these cases:

The soldier has a prior record of drug offenses.
He is alleged to have committed additional drug offenses, or obstruction of investigative proceedings, or destruction of evidence in connection with the possession of the drug, which on their own justify an indictment.
The drug was found within the unit’s premises, and there is evidence of an intention to keep or use it there.

When the drug is not cannabis or a synthetic cannabinoid, even a quantity smaller than one gram will, as a rule, lead to an indictment. Where the drug consists of residue left after use, a joint charge of use and possession may be filed.

An Offense Without a Criminal Record

The directive provides that for use or possession, an offense that does not carry a criminal record is not, as a rule, charged. An exception is possible only in exceptional cases and with the approval of the Chief Military Prosecutor. In examining the exception, the factors considered include the type of offense, its circumstances (civilian or military circumstances, a one-time or repeated lapse, quantity), the time that has passed, the soldier’s role and rank, service status, flaws in the conduct of the authorities, personal circumstances, and criminal and disciplinary history.

Drug Paraphernalia

Possession of an item used for consumption (a pipe, a hookah, rolling papers, and the like) will justify an indictment only when there is another offense that justifies it on its own. Usually a warning will suffice. An indictment will be filed if the item was found in the unit and the soldier knew he was keeping it there, if the soldier has a drug record, or if additional drug offenses are alleged.

When Possession Is Considered Dealing, Supply, or Brokering

Where there is evidence of supply, dealing, or brokering, a more serious indictment will, as a rule, be filed. The prosecutor may charge a misdemeanor (for example, possession for personal use jointly with others) when it involves a few acts in a friendly setting for shared use. The factors that tip the scale toward a crime are the soldier’s initiative, financial consideration, frequency and scope, the quantity of the drug (as a rule, above the quantity set in the Ordinance for possession other than for personal use, such as over 15 grams of cannabis in one transaction), a random connection with the buyer, and a prior drug crime record. The directive also notes that reliable intelligence information and phone correspondence can be used to determine the section of the charge.

What to Do If You Were Caught

Do not answer the investigators’ questions before consulting a lawyer. This is the right of every suspect.
Do not delete messages, photos, or a device. Obstruction of an investigation and destruction of evidence take the case out of the “crumbs” rule.
Keep the written notice of the investigation or arrest.
Do not sign a statement or consent to an examination without understanding what it means. See drug testing in the army.
Find out immediately whether there is an arrest, and what the prosecution’s policy is on it. See arrest in military drug offenses.

How I Work

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

Frequently Asked Questions

Does a gram of marijuana in the army lead to an indictment?

As a rule, no. Under the military prosecution’s directive, possession of cannabis of up to one gram does not justify an indictment, and the case is closed with a warning. There are exceptions: a drug record, additional offenses or obstruction of the investigation, and a drug found in the unit.

Is a rolled joint considered crumbs?

The rule of up to one gram applies to cannabis, regardless of the form of packaging, but the exceptions (a drug record, additional offenses, obstruction of the investigation, a drug in the unit) are examined in every case. In the previous version of the directive, from 2019, there was an additional exception for a drug that was “ready for use,” and in the 2025 version it does not appear. Therefore it is worth checking the quantity and circumstances before the investigation.

What happens if the drug was found on the base?

A drug found within the unit’s premises, where there is evidence of an intention to keep or use it there, is an exception in which an indictment will, as a rule, be filed even for a small quantity.

Is it possible to avoid a criminal record?

As a rule, an offense that carries a criminal record is the norm, and an offense that does not carry a record requires the approval of the Chief Military Prosecutor. A conditional arrangement or closure of the case can be requested in suitable cases.

Sources

Military Advocate General’s Prosecution Directive 2.05, “Drug Offenses” (updated January 2025)
Dangerous Drugs Ordinance [New Version], 5733-1973
IDF General Staff Order 33.0111, “Drug Use: Reporting, Arrest, and Opening of an MPCID Investigation Procedure”

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

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