Drug Rehabilitation and Discharge from Service in the IDF: Conditions for a Rehabilitation Arrangement

A soldier arrested for a drug offense who was discharged from service because of addiction or substance abuse may, under certain conditions, move from detention to a rehabilitation program. The Chief Military Prosecutor sets the conditions in Directive 2.05 (updated January 2025). The directive is internal, and in the end the military court decides. This guide explains who can enter the arrangement, what the conditions are, and when it does not apply.

In brief

• The rehabilitation arrangement applies to a defendant who was discharged from service because of addiction or substance abuse and is charged with use or possession for personal consumption.
• The conditions: a sincere wish to recover, a supervised rehabilitation program of at least six months at a licensed institution, and an admission before the military court.
• The prosecution will ask for the suspension of the driver’s license until the end of the proceedings.
• In offenses of trafficking, brokering and supply, the arrangement generally does not apply. Exceptional cases are examined at the sentencing stage.

Who can enter the arrangement

The directive provides that a defendant who was discharged from service because of addiction or substance abuse of dangerous drugs, and is charged with use or possession for personal consumption, may be released from detention in order to join a rehabilitation process, subject to guarantees and restrictions. The prosecution will not seek the detention of such a defendant solely because he refuses to join rehabilitation.

Conditions for rehabilitation

Referral to a rehabilitation track is made only if all of the following conditions are met:

1. The defendant expressed a sincere and genuine wish to recover, and supported it with a supervised rehabilitation program lasting at least six months, at an institution holding a valid license under the Supervision of Institutions for the Treatment of Drug Users Law, 5753-1993.
2. The defendant admitted before the military court the facts attributed to him in the indictment.
3. The program was presented within a reasonable time from the discharge from service. As a rule this means a few weeks, and the program appears satisfactory to the prosecution.

What happens during rehabilitation

The hearing in the defendant’s case is postponed from time to time so that the court can supervise the rehabilitation process. As the process advances, an easing of the release conditions may be considered, taking into account the recommendations of the rehabilitation institution. At the same time, the directive provides that, as a rule, the prosecution should insist on suspending driver’s licenses until the end of the proceedings, whether or not the defendant completed the process. If the defendant did not present a satisfactory program within a reasonable time, the prosecution will ask to continue the proceedings in the ordinary course.

When the arrangement does not apply

As a rule, the arrangement does not apply in two cases:

• The defendant used drugs in aggravating military circumstances, for example during operational activity, or it emerges from his statements that he chooses to use drugs only in military circumstances. Exceptional cases are examined on their merits.
• The defendant received a medical exemption on another psychological ground, which is not a diagnosis of addiction or substance abuse.

Trafficking, brokering and supply offenses

Where the defendant was discharged from service because of addiction and is charged with felonies (trafficking, brokering, supply or possession not for personal consumption), there is generally no room to release him from detention to rehabilitation. According to the case law cited in the directive, the appropriate time for rehabilitation is the sentencing stage and the serving of the sentence. The directive mentions an exception requiring at least two of three conditions: the defendant began rehabilitation before committing the offense (the main condition), the prospects of success are high, and rehabilitation answers the danger posed. In such cases the prosecution tends to agree to a detention report and to restrictions such as house arrest.

What to do

1. Verify whether the soldier was discharged from service and on what ground. A discharge because of addiction opens the possibility.
2. Start building a rehabilitation program at a licensed institution early, because the prosecution expects it to be presented within a few weeks.
3. Examine the admission and its consequences before making it. See military detention in drug offenses.
4. Negotiate an alternative to detention, guarantees and release conditions.
5. Check the status of the driver’s license.

How I work

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

See also drug offenses in the IDF: advice and representation (Hebrew), drug possession in the army, conditional arrangement in military drug offenses and military defense lawyer.

Frequently asked questions

Can a defendant be released from detention to a rehabilitation institution?

Yes, if the defendant was discharged from service because of addiction, is charged with use or possession for personal consumption, and meets the conditions: a supervised program of at least six months, and an admission.

Does the arrangement apply to trafficking offenses?

Generally not. Rehabilitation in trafficking and brokering offenses is usually examined at the sentencing stage, and there is a narrow exception that is examined on its merits.

Does rehabilitation cancel the suspension of the driver’s license?

No. The directive provides for suspension of the license until the end of the proceedings, even if the defendant successfully completed the rehabilitation process.

Does refusing rehabilitation lead to detention?

Not in itself. The prosecution will not seek detention solely because of a refusal to join rehabilitation, but if there is another ground for detention, the decision is examined accordingly.

Sources

• Chief Military Prosecutor Directive 2.05, “Drug Offenses” (updated January 2025)
• Supervision of Institutions for the Treatment of Drug Users Law, 5753-1993