I have successfully defended wrongful use of prescription drug cases when members of the military test positive for prescription on a random urinalysis.  Not I used the term “wrongful.”  If a member tests positive for a prescription drug, the first step is for the command to conduct a medical review for the member’s medical record.  Reservists are terrible about putting prescriptions in their military medical records, though the regulations require it.  If the test result is from an active, valid prescription, the positive result will be reported as a valid, lawful use.  However, there is some grey area with respect to prescriptions.  For example, what if the medication was prescribed to the member but was”expired”?  What if it was an old prescription but the label didn’t have an expiration date and simply said “take as needed”?  What if the prescription was prescribed to the member for one ailment (say back pain) but used for another (say sprained ankle)?  What if the medication was prescribed to the member, but its use would have been physically disqualifying from further service?   These types of scenarios can be defended, but they are fact specific.  Remember, all UCMJ disciplinary actions and administrative separation for positive drug tests require the use to be wrongful.