Section 26.05.860 - Drunkenness and other incapacitating offenses(a) A member of the militia, other than a sentinel or lookout, who (1) is found under the influence of alcohol or a controlled substance while on duty, or (2) as a result of the use of any alcoholic beverage or drug, is unable to properly perform the member's duty may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.(b) A member of the militia who, while a prisoner, is drunk or under the influence of a controlled substance other than a controlled substance taken in accordance with a valid prescription may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.Amended by SLA 2018, ch. 85,§§sec.25, sec.26 eff. 1/1/2019.Added by SLA 2016, ch. 55,sec. 4, eff. 7/1/2016.This section was originally numbered as 26.05.612 but was changed by the revisor of statutes.