A casuistic case of ignoring an expert opinion by the court conclusions about the absence of drug use disorder diagnosis

Abstract

The article cites the case of Dmitry A., who was detained by the police on the street on suspicion of using cannabinoids and sent for a medical examination for intoxication, which he refused. The judge found Dmitry guilty and ordered him to be examined at a drug treatment clinic. Based on the results of an inpatient examination, despite the absence of mental disorders, somatic consequences of episodic cannabinoid use and the absence of pathological changes according to laboratory tests, he was diagnosed with "harmful use of cannabinoids". Dmitry was placed under preventive observation. During the court-ordered forensic psychiatric examination at the Serbsky Center (Moscow), the drug diagnosis was not confirmed. However, the expert opinion was ignored at the court hearing. The author analyzes the frequency and validity of the diagnosis of "harmful use of psychoactive substances" and concludes that the case of Dmitry A. may become a precedent.