Substance Abuse and the Law

Abstract

The present chapter reviews the interaction of medicine and the law as it relates the diagnosis, treatment planning, and course of substance use disorders. The case of Robinson v. California, US Supreme Court of 1962, is used as a legal base for this examination. Robinson v. California led to the overturning of laws which made the state of being “dependent” on substances a criminal act. Even though a substance use disorder alone cannot be grounds for a criminal conviction, there are many criminal drug-related offenses, and the rates of substance use disorders in the criminal justice system are incredibly high. For this reason, medical providers who provide assessment and/or ongoing treatment to individuals with substance use disorders are likely to have a client involved the criminal justice system at some point. Thus it is important for medical professionals to understand the perspectives of medicine and the law, specifically understanding the ways in which the two fields may contrast in their views. Key concepts covered in this chapter include current definitions and practical considerations in the diagnosis of substance use disorders, the concept of choice versus compulsion, conceptualization of treatment and remission, and a brief review of crime and drug use. Finally, recommendations on the role of medicine in communicating the course, implications, and effects of substance use disorders when interacting with the law are discussed.