Detention in Military Drug Offenses: Closed Detention, Open Detention and Release on Conditions

A soldier suspected of a drug offense usually faces one of three situations: closed detention until the end of proceedings, “open” detention (on base or under restrictive conditions), or release on conditions. The Military Advocate General’s Corps policy (Directive 2.05, updated January 2025) sets out when the prosecution asks for each of them. In this guide I explain the tiers and the factors that affect them. The directive is internal, and the decision on detention is ultimately made by the military court.

In brief

• The rule: as a general matter, the prosecution seeks closed detention of drug offenders until the end of proceedings. The grounds are military dangerousness and harm to discipline.
• Exception: one or two uses of a soft drug (cannabis and the like) in civilian circumstances, not during standby duty and not close to returning to the unit, with no possession, purchase or supply and no aggravating circumstances.
• Open detention: generally three to four uses of a soft drug in civilian circumstances over the course of service, and a single use in the unit, outside of operational activity and not during standby duty.
• After discharge from service: detention is generally not required, and the prosecution is satisfied with guarantees and a deposit.

Who decides on detention and what happens at the first stage

Under General Staff Order 33.0111 on drug use, a unit commander reports to the Military Police Criminal Investigation Division (MPCID) when a soldier declares use, is caught, is found under the influence, or when there is information about him. The decision on detention is made by an MPCID officer according to the soldier’s rank: for an IDF civilian employee, a conscript, a career NCO and an officer up to lieutenant, an MPCID officer of at least the rank of major; for a captain, an officer of at least lieutenant colonel; for a major, the MPCID commander or the chief military police officer; and for lieutenant colonel and above, the MPCID commander with retroactive approval, or the chief military police officer. In addition, the unit commander prohibits a soldier who holds a military driver’s license from driving a military vehicle and takes the license from him until the matter is clarified.

Closed detention: the rule

The directive provides that evidence of a drug offense by a soldier generally establishes unique military grounds for detention: military dangerousness and harm to discipline. Where the use is not a one-time event but continues throughout service, or part of it took place in a sensitive unit, a presumption of dangerousness arises. Where the use is of a non-cannabinoid drug, even a single use may establish grounds for detention. In offenses of trafficking, brokering, supply and cultivation, the grounds are met in full.

The exceptions: when closed detention can be avoided

The directive mentions several possible exceptions, depending on the circumstances:

• One or two uses of a soft drug (from the cannabinoid family) in civilian circumstances, not during standby duty or close to returning to the unit, not accompanied by possession, purchase or supply, and in the absence of aggravating circumstances such as a prior conviction.
• Possession of a small quantity of a drug for personal use, depending on the circumstances.
• The age of the offenses, mainly where the last use took place more than six months ago.
• Evidentiary difficulties in the case.

Open detention

According to the directive, open detention is requested in these circumstances: three to four uses of a soft drug in civilian circumstances over the course of service without aggravating circumstances (the “one-time failure test” is examined), or a single use in the unit, outside of operational activity and not during standby duty. In aggravating circumstances, actual detention may be possible even with four uses or fewer. An aggravating circumstance is, for example, proximity in time to a military mission, an intention to keep using in the unit, or possession of a drug in the unit. It is important to know that use that took place physically outside the base is not necessarily “civilian”. Use near the base followed by entering it immediately afterward will not be considered civilian.

After discharge from service

Discharge from service weakens the grounds for detention but does not cancel them. As a rule, there will be no need to seek the detention of someone suspected of use or of possession for personal consumption after his discharge. The prosecution can be satisfied with conditions: a financial deposit (at least several hundred shekels), a personal guarantee and a third-party guarantee, and an undertaking to appear. In some cases a suspension of the civilian driver’s license will be requested until the end of proceedings, and in more serious cases house arrest. Someone who refuses the conditions or does not provide a suitable alternative is likely to face a request for detention. In felony offenses (trafficking, brokering, supply), discharge from service does not prevent a request for detention.

Violation of a conditional arrangement

Someone who violated a conditional arrangement or a suspension arrangement by committing another drug offense is likely to face a detention request one level higher: open detention instead of release, and closed detention instead of open. The prosecution also sees the violation as an independent ground for detention.

What to do when a soldier is arrested

1. Consult a lawyer before the interrogation. This is a right, and the detention is also determined by what is said in it.
2. Verify who ordered the detention and under what authority, and keep all notices in writing.
3. Negotiate an alternative to detention: guarantees, house arrest, rehabilitation. See also drug possession in the army.
4. Check whether the soldier is eligible for a rehabilitation track (with an admission and a supervised program of at least six months).
5. Verify the status of the military and civilian driver’s licenses.

How I work

I represent soldiers in detention and in interrogation 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 testing in the army, military lawyer and security clearance in the IDF.

Frequently asked questions

Is every soldier suspected of drugs arrested?

Not necessarily. The rule is a request for closed detention, but the directive provides exceptions for minor use of a soft drug in civilian circumstances, as well as release on conditions depending on the circumstances.

What is the difference between closed and open detention?

Closed detention is confinement in a military detention facility. Open detention is detention under less restrictive conditions, on base or as an alternative such as house arrest or other restrictions.

Does discharge from the army change the detention?

Yes, it weakens the grounds, and for use or possession for personal consumption the prosecution is generally satisfied with guarantees. In trafficking, brokering and supply offenses, it does not prevent a detention request.

Is it possible to be released to a rehabilitation framework?

It is possible, on conditions: a genuine wish to recover, a supervised program of at least six months, and an admission in the military court. In trafficking and supply offenses this is rare.

Sources

• Directive 2.05 of the Military Advocate General’s Corps, “Drug Offenses” (updated January 2025)
• General Staff Order 33.0111, “Drug Use: Reporting, Detention and Opening of an MPCID Investigation”

See also: conditional arrangement for drug offenses, rehabilitation and discharge from service on the grounds of drugs and conviction for drugs in the army: criminal record and driver’s license.

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.