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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf Addiction Is A Disease, Should Relapse Mean Jail Time?
BY ALANNA DURKIN RICHER
Associated Press
BOSTON
Less than two weeks after a court ordered Julie Eldred to not use drugs while on probation, she tested positive for the powerful opioid fentanyl. The woman, who has severe substance use disorder, spent the next 10 days behind bars in Massachusetts until her lawyer could find a bed for her at a treatment facility.
In a case that could have big implications, Eldred is challenging the practice of requiring people with addiction to remain drug free as a condition of probation. The 29-year-old argues that by jailing people with substance use disorder for failing to stay clean, courts are unfairly punishing users for something beyond their control.
"For the person who suffers from substance use disorder, a court order to be drug free is effectively a court order to be in remission of one's addiction," her attorney, Lisa Newman-Polk, told Massachusetts' highest court Monday.
Most addiction specialists including groups such as the National Institute on Drug Abuse and American Society of Addiction Medicine view substance use disorder as a brain disease that interferes with a person's ability to control their desire to use drugs.
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http://www.star-telegram.com/news/nation-world/national/article176502646.html
Major Nikon
(36,827 posts)As proof we are going to put you in jail and ruin your life.
Purveyor
(29,876 posts)overdose. Didn't have a hint she was in such dire straights but this shit is epidemic around these parts.
I'm done my share of drugs in the day but it was taught early on to never touch heroin.
Major Nikon
(36,827 posts)It's very difficult to overdose on heroin and most cases of OD involve heroin and some other drug or alcohol as it becomes much more dangerous with drug mixing.
But regardless of how dangerous any drug is, the answer to the problem isn't putting people in jail.
Purveyor
(29,876 posts)biggest killer back then. Car wrecks. I didn't drink then but oh how I loved my pot. I was the driver, on back gravel roads going all of 25mph with smoke just billowing out of the windows.
Mosby
(16,350 posts)Addiction centers have been pushing the medical disease model while others push personality theory, they both can't be right.
Major Nikon
(36,827 posts)Many ailments are designated as a disease simply to facilitate treatment.
get the red out
(13,468 posts)Surely there medical studies that point the way to more effective treatments, it doesnt seem like there is much success now. And the courts can jail addicts, but the finish their sentences at some point and nothing has really been done to help them.
Major Nikon
(36,827 posts)The so-called "drug war" in America creates far more problems than it can ever hope to solve.
get the red out
(13,468 posts)There is no way to address a problem when the law pushes the sufferers into the shadows.
malaise
(269,157 posts)and addicted to crack
Weekend Warrior
(1,301 posts)There is no one right answer. Addicts cannot be forced to clean up. It just doesn't work that way. At the same time, staying clean is absolutely a reasonable request by society when said individuals drug use is directly related to other criminal activity. How that request is met is what's difficult.
I do think society views treatment centers and jail in a completely inappropriate manner. Addicts almost always relapse. Addicts who do not go into treatment voluntarily relapse at an even higher rate. There truly is no right answer. A loved one of mine is an addict. Their last stint in jail was the money maker. They have now been clean for over five years. They hit bottom and asked for help.
The argument Eldred is making will fall short.
"jailing people with substance use disorder for failing to stay clean, courts are unfairly punishing users for something beyond their control."
That is a highly inaccurate statement. The only person who can gain control is the user. Not a single other person can gain control. Until people figure that out we are doomed for failure. Eldred needs to change her argument to what I just stated. It is still one hundred percent in line with her favored goal, and it's accurate.