Judicial Attitudes toward Drug Abuse: Massachusetts
Researchers now believe that alcohol and drug addiction has a genetic component. The Kennedy family of Massachusetts is perhaps the most infamous evidence of the biological roots of alcoholism and drug use. Ted Kennedy, the democratic Senator from Massachusetts, has long struggled with an alcohol problem, as has his first wife, Joan.
Both Ted and Joan have have struggled to stay sober over the years. Their son, Patrick Kennedy, also suffers from substance abuse issues. He has previously admitted to being addicted to prescription drugs, and sought treatment for cocaine addiction when he was a teenager. Just this year he announced that he would enter alcohol rehab for yet another round of substance abuse treatment.
The addiction saga of the Kennedy family is just one example of how drugs and alcohol affect the lives of those living in Massachusetts. A recent Substance Abuse and Mental Health Services Administration (SAMHSA) study found that Massachusetts is among the top ten states for both illicit drug use (marijuana, cocaine, crack, heroin, hallucinogens, prescription drugs) and binge alcohol drinking (five or more drinks on one day in a month). It is estimated that 10% of Massachusetts residents use illicit drugs and 25% binge drink. Given the gravity of the substance abuse problem in Massachusetts, the state’s Department of Health funds a treatment hot-line which focuses on finding treatment options for Massachusetts alcoholics and drug addicts (helpline-online.com).
Drug Abuse Treatment in Massachusetts
Given the increase of drug-addiction related crime in recent years, those who work in the criminal justice system have recognized that incarceration does not help prevent recidivism among drug abusers; many drug addicts commit crime simply to support their habit. Instead of sending an addict to jail, some states have passed diversion laws which allow judges to send a non-violent drug addict to rehab instead. Massachusetts residents have been particularly susceptible to heroin addiction, especially in the inner city. Although Massachusetts has not yet passed a comprehensive drug diversion law, certain judicial officers have embraced the treatment-over-incarceration model and have developed a system of drug courts in Massachusetts. In 2007, Massachusetts representatives proposed HB 1613, a law that would establish and fund a formal drug court system in the state. However, this bill has not yet been approved by lawmakers.
Judge Robert Ziemian is the father of the Massachusetts drug court model. The model is based on the presumption that drug addicted criminals who are threatened with sanctions for treatment failure will stay clean longer than those who enter traditional substance abuse treatment programs. Ziemian traveled to Miami to observe a Florida drug court and was impressed enough with the results that he implemented a version in Massachusetts. As of 2005, there were approximately 20 drug courts, serving both adult and juvenile addicts, operating in Massachusetts with approximately 1200 current enrollees.
The Massachusetts drug court model is a collaboration between judges, clerks, probation officers, lawyers, treatment providers, public health officials and social workers and uses the “carrot-and-stick” approach to changing behavior. Criminal drug addicts commit to substance abuse treatment and intense judicial supervision in order to stay out of jail. In this model, probation officers play a large role by finding substance abuse treatment slots for the drug addict and helping the addict through treatment. Because the Massachusetts state legislature has never specifically funded the drug court program, courts generally add the drug cases to their regular dockets and use already-existing resources to manage the cases.
The Massachusetts drug court program is open to non-violent convicted drug offenders. Instead of being sentenced to prison, the drug addict is subject to probation and treatment for up to two years. Successful completion of the program may result in the drug charges being dismissed. Each participant begins the program in detox, moves to residential substance abuse treatment, and then attends outpatient relapse prevention classes. Participants attend regular, open, court sessions where there cases are discussed in front of other participants. Case management conferences among drug court personnel can happen either privately or in open court, depending on the rules of the particular presiding judge.
Drug Abuse Treatment for Federal Drug Addicts in Boston
In 2006, federal probation officers in Boston began a truly revolutionary program aimed at treating those addicted to crack, heroin, marijuana, and other drugs who have served time in the federal prison system. This Court Assisted Recover Effort (CARE) is a voluntary program for Massachusetts addicts consisting of a minimum of 52 weeks of case management sessions where the drug abuser’s treatment progress and job search are discussed in open court. Successful completion of the 52 week program can reduce the term of supervised release by one year. Participants meet at least twice a week for addiction treatment and drug testing. Violations are punished immediately in order to encourage changes in addiction behavior.
Marijuana Use in Massachusetts
While Massachusetts officials see the use of illicit drugs such as heroin, cocaine, and prescription drugs as a major public health crisis, the voters in Massachusetts recently decided that marijuana possession and use is a decidedly less serious problem.
Passed in November 2008 by a whopping 65% of voters, the Massachusetts marijuana (pot) decriminalization law went into effect in early 2009 and deems possession of one ounce or less of marijuana to be a civil violation, rather than a crime. Those caught with this small amount of pot are issued a civil ticket and must pay a $100 fine. Although 12 other states have similar laws, the Massachusetts marijuana decriminalization statute is the first passed since the 1970′s, perhaps signaling a shift in public perception toward pot use as a less serious issue than other forms of illegal drug abuse.
See Part II: Massachusetts (MA) Alcohol Addiction: judicial attitudes toward alcoholics
Millie Anne Cavanaugh is an attorney licensed to practice law in California & Massachusetts and is a former insurance defense lawyer. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.
Tags: drug court, drug laws
