Military Drug Lawyer: MPCID Investigation, Indictment and Defense

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Have you been investigated or summoned for questioning by the MPCID on suspicion of drugs? Has an indictment already been filed? A short conversation with a lawyer before giving a version can change the whole case.

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I am Adv. Emanuel Trach, with 15 years of experience. I served in the MPCID’s Central Unit for Special Investigations (the Military Police Criminal Investigation Division, MPCID), and today I represent soldiers, officers and career personnel in investigations and before the military courts. I know the other side of the interrogation table, and that is how I build a defense in drug cases: what the investigators are looking for, what they already have, and what is missing. This page is based on Chief Military Prosecutor Guideline 2.05 on drug offenses (updated January 2025), the tool by which the prosecution decides what to do in each case.

Drug offenses in the army: what counts as an offense

The offenses themselves are defined in the Dangerous Drugs Ordinance [New Version], 5733-1973, and the military court has jurisdiction to try a soldier for them under the Military Justice Law, 5715-1955. In addition, General Staff Order 33.0220 on intoxicating substances applies. The common offenses:

Use and possession of a dangerous drug, usually under section 7(a) and (c) of the Ordinance
Possession not for personal use, supply, brokering and trafficking, carrying a maximum penalty of up to 20 years
Growing drugs
Synthetic substances and “substances prohibited in the IDF”, even if they have not yet been added to the Ordinance
Refusal to take a urine test, where the refusal is itself an offense

The prohibition applies outside the base too, on leave and on weekends. I wrote a separate guide on the testing questions: drug testing in the army. If the suspicion is more serious, see drug distribution and trafficking in the army, and on the stage after the criminal proceedings see the drug committee in the army.

How a drug case in the army begins

Most cases open in one of these ways:

A urine test, positive or refused
Intelligence information or an informant
A substance seized on the base or in a search of equipment
Other soldiers who were questioned and gave a name
A conversation with a commander, doctor or mental health officer in which the soldier talks about use
An incident with the civilian police that is passed on to the MPCID

Many soldiers say things in an “unofficial” conversation before they realize they are already inside a criminal proceeding.

MPCID investigation on suspicion of drugs

In an investigation, the person questioned has the right to remain silent and the right to consult a lawyer. A lawyer does not sit in the interrogation room with the person questioned. I provide representation outside the room, before the investigation and by phone: explaining what the suspicion is, what to expect, and what is better not to say. A few things worth knowing in advance:

The mobile phone is often seized, and messages on it are frequently key evidence. Details in the guide on MPCID searches of phones and homes
Do not sign a document without understanding what it says
A first version in an investigation is hard to correct later

The full guide on legal advice before an investigation is here: legal advice before an MPCID investigation. If you have already received a summons, you can start from the page lawyer for an MPCID investigation.

Military Prosecution policy: what affects the decision

The guideline is not law, and a prosecutor has discretion, but it shows clearly how the prosecution thinks. The main points:

The policy is generally strict, and the prosecution sees drug use as harming discipline and unit readiness, even with light drugs
Possession of cannabis of up to one gram generally does not justify an indictment, and the case is closed with a warning. Exceptions are cases of a drug record, additional offenses or obstruction of an investigation, and a substance found in the unit
Possession of a drug-use implement alone does not usually justify an indictment if there is no other offense
For a substance other than cannabis, even an amount smaller than a gram generally leads to an indictment
In offenses that carry a criminal record, the prosecution will not choose a different offense without the approval of the Chief Military Prosecutor, except in unusual cases

The decision also relies on the soldier’s role, criminal and disciplinary record, the time that has passed, and flaws in the authority’s conduct, such as harm to the rights of the person questioned. This is where the defense enters the picture, already at the investigation stage.

Conditional arrangement: closing the case without a conviction

A conditional arrangement under Military Prosecution guideline 3.07 is an agreement: the suspect admits the facts and undertakes to meet conditions, and if he meets them the case is closed and no conviction is recorded. Usually this concerns use of a light drug in civilian circumstances a limited number of times. The conditions include giving periodic urine tests and avoiding offenses for about a year. According to Military Court case law, the arrangement does not apply to career soldiers and to officers in compulsory service. There is no automatic right to an arrangement; it must be requested and it must be shown that the case meets the conditions. In most of the cases I handle, this is one of the first questions I check.

Detention and release

In drug offenses the rule is that the prosecution seeks closed detention until the end of proceedings, because the act itself creates a detention ground unique to the army: military dangerousness and harm to discipline. There are exceptions: one or two uses of a light drug in civilian circumstances, not close to alert duty or a return to the unit, and where the acts are old or there are evidentiary difficulties. In repeated use or use near the base, open detention is considered. Discharge of a soldier from service weakens the detention grounds, and then guarantees and a deposit may suffice. At the detention hearing, preparation is decisive, so it is advisable to consult before it: release from detention during an investigation.

Indictment, the military court and sentencing

After the investigation the case moves to the Military Prosecution, which decides whether to file an indictment, close the case, or refer it to disciplinary proceedings. Before an indictment there is often a hearing stage, which is an opportunity to persuade the prosecution not to file: hearing before a military indictment. If an indictment is filed, it is possible to conduct a trial, discuss a plea arrangement and appeal. In use and possession the prosecution generally seeks actual imprisonment in real confinement, a suspended sentence and demotion, and usually also revocation of the military and civilian driver’s license. Every conviction is a criminal conviction. On the defense at this stage: representation in a military court and cancelling a military indictment.

Circumstances that aggravate the request are repeated use or use throughout service, a drug other than cannabis, offending in or near the unit, involving other soldiers, and use before an operational mission. Other circumstances mitigate: one-time use as a civilian, proper service and admission.

Trafficking, supply and brokering

A drug distribution case is a different world from a use case. The indictment is generally filed under the trafficking and supply sections, and the risk of detention is high. The prosecution examines the soldier’s activity, consideration, frequency, the nature of the relationship with the buyer, quantity and type of drug, and criminal record. Thus, sharing a drug between friends is examined differently from a deal for money. Even phone messages, including ones that are insufficient for a conviction, can decide the classification of the offense, so the phone is sometimes the core of the case. Do not delete or reset anything without advice.

Laboratory tests and urine tests

In cases based on a urine sample, the laboratory tests in two independent stages, screening and confirmation, each with a threshold value. A conviction can rest on a sample alone, but there is much to check: whether the sample was taken lawfully, the chain of custody, the expert opinion, and whether the presumption that the drug entered knowingly can be rebutted. For substances in the opiate family, a laboratory opinion is needed to rule out a permitted medication. The defense is entitled to review the preventive-action documents that relate to it.

Rehabilitation as an alternative

A soldier discharged from service due to addiction can, under conditions, join a rehabilitation program instead of detention. This requires a sincere wish to recover, a supervised program of at least six months in a licensed institution, and an admission of the facts. Whoever completes the rehabilitation successfully receives a lenient sentencing request, and usually the days of detention are considered sufficient. The arrangement does not apply to trafficking or to use in aggravating military circumstances.

Drug committee and continued service

Alongside the criminal proceeding, a committee examines the continued service of a soldier who admitted to drug use or was convicted of it. It can recommend continued service with conditions, a change of role, or discharge, so preparation for it matters. Those planning an early discharge can read about it in early release from the army, and about the effect on security clearance in security clearance.

Mistakes to avoid

Admitting to a commander before consulting
Deleting messages or resetting the phone, which may be considered obstruction
Discussing the investigation with friends who are also suspects
Agreeing to a test or signing a form without understanding its meaning
Ignoring a summons to an investigation

What I do in a military drug case

Representation before the investigation and by phone, outside the interrogation room
Checking whether the case is suitable for closing with a warning or a conditional arrangement
Reviewing the investigation material and checking the lawfulness of collection and testing
Representation at the detention hearing, the hearing and the military court
Negotiating a plea arrangement and appeals
Accompanying the parents of soldiers, when the soldier consents

Frequently asked questions about a drug lawyer in the army

Is drug use on leave or as a civilian an offense in the army?

Yes. Under the Chief Military Prosecutor’s guideline, an indictment is filed even when the offense was committed on leave, on sick leave, abroad, and even long after the act, as long as the Military Justice Law applies and the offense has not become time-barred. Soldiers remain soldiers even when they are at home.

Is an indictment always filed for drugs in the army?

No. Possession of up to one gram of cannabis is generally closed with a warning, unless there is a drug-related record, additional offenses, or the substance was found in the unit. For use of a light drug in civilian circumstances, a conditional arrangement may be possible, after which the case is closed without a conviction. Each case is examined on its merits.

What is a conditional arrangement and who can get one?

A conditional arrangement under Military Prosecution guideline 3.07 is an agreement between the suspect and the prosecution: the suspect admits the facts and undertakes to meet conditions, such as periodic urine tests and not committing offenses, and in return the case is closed if the conditions are met. According to Military Court case law, the guideline does not apply to career soldiers and to officers in compulsory service, so it mainly suits soldiers in regular service.

Will I be arrested because of drugs?

It depends. The rule in the guideline is that the prosecution seeks closed detention until the end of proceedings in drug offenses, but there are exceptions: for example one or two uses of a light drug in civilian circumstances, or an old offense with evidentiary difficulties. In repeated use, or use near the unit, open detention is considered. Preparation for the detention hearing makes a big difference.

Is a positive urine test enough for a conviction?

Yes. Under the case law, a conviction can rest on a urine sample alone, because the presence of a drug in the body creates a presumption that it entered knowingly. But the presumption can be rebutted, and there is much to examine: the chain of custody of the sample, the laboratory opinion, and whether a proper order existed. More information in drug testing in the army.

Can a lawyer be with me during an MPCID investigation?

A lawyer does not sit in the interrogation room with the person questioned. I provide representation outside the room, before the investigation and by phone, explaining the person’s rights and what to do before giving a version.

What is the penalty for a conviction of drug use or possession?

The Military Prosecution generally seeks actual imprisonment in real confinement, a suspended sentence and demotion, as well as the revocation of a driver’s license. Circumstances that aggravate the request: repeated use, a drug other than cannabis, offending in or near the unit, and involving other soldiers. In trafficking or supply cases the penalties are much more severe.

What is a drug committee and does it affect service?

It is a committee that examines the continued service of a soldier who admitted to or was convicted of drug use. It can recommend continued service with conditions, a change of role, or discharge, so it is worth arriving prepared and not treating it as a side matter.

What does representation in a military drug case cost?

The price depends on the stage at which you contact me and on the complexity of the case: accompanying a soldier before an investigation is different from a defense during evidentiary hearings. I quote a fair price after a short conversation about the case.

For the cost question, more detail in how much does a military lawyer cost.

Contact

You can call or write on WhatsApp and briefly say what happened. The office is at Yigal Alon 94, Alon Towers 2, 4th floor, Tel Aviv, and by prior arrangement also in Ramat Hasharon (ha-Halutz 15).