LEGAL ISSUES & DRUG COURTS
Description of Casey's Law as Found on Operation Unite Website (2017)
What does this law provide?
The act provides a means of intervening with someone who is unable to recognize his or her need for treatment due to their impairment. This law will allow parents, relatives and/or friends to petition the court for treatment on behalf of the substance abuse-impaired person.
Legal Action Center
Individuals who take methadone or buprenorphine-naloxone (Suboxone) for opioid addiction under a doctor’s supervision are sometimes arrested and charged with “driving under the influence” (DUI) merely because they take these medications. Is that legal?
National Alliance for Model State Drug Laws (2016)
This document will first provide a summary of the most common involuntary commitment provisions across the nation followed by a series of charts with detailed information on each state’s laws. Please note that the focus of this memorandum is on civil commitment rather than on commitment of individuals with criminal charges who are ordered to undergo treatment as part of their sentence or in lieu of serving time in jail. Additionally, statutes regarding protective custody of individuals who are impaired or incapacitated by alcohol or drugs are not included in this memorandum. Further, this memorandum does not discuss involuntary outpatient treatment.
There is now a law that protects your mental health and substance use disorder benefits. Read more about these protections here.
The Legal Action Center (2011)
This report examines the prevalence of opiate addiction in the criminal justice system, its devastating consequences, and the widespread denial of access to one of its most effective forms of treatment: medication assisted treatment (“MAT”). The report then analyzes the circumstances in which the denial of MAT violates Federal anti-discrimination laws and the United States Constitution.
Partnership for Drug-Free Kids (2016)
In order for a person to be involuntarily committed for addiction treatment, it first has to be proven the person is addicted to drugs or alcohol. Typically, there must also be evidence that the individual has threatened, attempted, or inflicted physical harm on himself or another person, or proof that if the person is not detained, he will inflict physical harm on himself or another person. Or the person must be so incapacitated by drugs or alcohol that he cannot provide for his basic needs, including food, shelter, and clothing, and there is no suitable adult (such as a family member or friend) willing to provide for such needs.