Answer Addiction

Author: Addiction Blog

  • The Secret Of Getting Into An Alcoholic’s Mind

    The Secret Of Getting Into An Alcoholic’s Mind

    ARTICLE SUMMARY: Is a friend or a loved one experiencing alcohol problems? Are you looking for a way to understand his/her behavior? This article gives you the basics on alcohol addiction.  If you want to get deeper inside the mind of an alcoholic, this is a good place to start.

    TABLE OF CONTENTS:

    First, What’s The Big Deal?

    The Big Deal about alcohol is that it negatively affects about 8% of the adult population in the U.S. Over consumption is one of the leading causes of preventable death. And alcohol is associated with a growing list of really bad diseases of the body and mind.

    So, how did your loved one become addicted to it in the first place?

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    It might be consoling to know that a certain population of people have and will always be prone to alcoholism. Alcohol has played a significant part in religious, cultural and social practices in many societies. As it became rapidly produced and distributed, alcohol became one of the widely spread and most available substances across the world. This mass production of alcohol lead people to start using it more frequently, leading them from casual users, to abusers, and eventually people dependent on its psychoactive effects.

    About 17.6 million people, or one in every 12 adults, suffer from alcohol abuse or dependence, which means that these individuals have lost control over their alcohol consumption.

    And as we mentioned earlier, alcohol consumption impacts both the incidence and course of and the course of many health conditions. According to the World Health Organization, 5.9 percent of all global deaths in 2012 were caused by alcohol consumption. The Big Deal is that alcohol is legal…but it’s not going away. How can you help your loved one? What understanding do you need to have?

    The Secret Of Getting Into An Alcoholic’s Mind

    The secret of getting into an alcoholic’s mind is to understand how alcohol affects the brain. Both moderate and heavy drinking can lead to behaviors that would never occur in a sober state. Alcohol belongs in the category of drugs called depressants, which means that drinking alcohol results in depressing, or slowing down brain processes. As a result of this alteration, alcohol abusers can behave uncharacteristically and aggressively.

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    Still, not all alcoholics are alike. They experience different subsets of symptoms. We do know that heavy drinking may have extensive and far–reaching effects on the brain, ranging from simple “slips” in memory to permanent and debilitating conditions that require lifetime custodial care.

    And while researchers have not yet found conclusive evidence that any one variable can consistently and completely account for the brain deficits, they do know that alcohol impairs the way the brain normally works. So, a person who drinks heavily over a long period of time may have brain deficits that persist well after he or she achieves sobriety. Exactly how alcohol affects the brain and the likelihood of reversing the impact of heavy drinking on the brain remain hot topics in alcohol research today.

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    Is Alcoholism Treatable?

    Yes.

    Those who have drinking problems can solve their addiction issues with the help of health care professionals such as addiction counselor. According to studies  on Alcohol Use Disorders, alcoholics requires medical help and treatment to address physical and mental aspects of the problem. Treatment helps recovering alcoholics reduce their drinking and report fewer alcohol-related problems.

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    There is no one-size-fits-all solution when it comes to alcohol addiction problems. What might work someone, may not be a good fit for another person. This is why it is important to research all available options and chose what you think will work the best. There are various treatment options for alcohol abuse problems such as:

    1. Behavioral Therapy: Lead by healthcare professionals, behavioral therapy techniques are focused on helping those addicted to alcohol in changing their behavior through counseling.

    2. Medication Therapy: Three medications are currently approved in the United States to help people stop or reduce their drinking and prevent relapse:

    • Disulfiram
    • Naltrexone
    • Acamprosate

    These medications can be prescribed only by a primary care physician or a doctor and can be used alone or in combination with counseling.

    3.Support Groups: Alcoholics Anonymous and other 12-step programs provide peer support for people quitting or cutting back on their drinking. Combined with treatment, mutual-support groups can be very beneficial for those who struggle with drinking issues.

    So who can you see for help?

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    If you know someone who’s experiencing alcohol addiction issues, you can refer them to:

    • Alcohol Counselor
    • Licensed Psychologist and/or Psychiatrist
    • Medical Doctor
    • Social Worker

    Here are some online resources which can help you find professional help:

    When in need of a treatment facility, use SAMHSA’s treatment service locator.

    Obstacles to Treatment

    The main thing which makes alcohol addiction so hard to address is the stigma attached to it. We think that drinking too much is a sign of weakness or a moral problem. Someone should just stop quitting if it’s hurting them, right? But a drinking problem is a medical problem.

    People who are addicted to alcohol have gone through profound – and most reversible – brain changes. But you cannot underestimate how the brain changes its function when someone is drinking.

    Additionally, there are huge obstacles to quitting the drinking cycle. They range from the cost of treatment to a person’s support network to the way that they feel about themselves. Here are some of the most common obstacles to successful alcohol addiction treatment:

    1. Being In Denial

    Denial is probably the greatest enemy to anyone’s recovery journey. False statements such as: “I can choose to stop whenever I want,” or “I can handle my drinking,” are the most commonly heard statements among alcoholics in denial. This is why a professional interventionist or addiction counselor might be the only way to break through to a loved one. Professionals are trained in messaging and planning for objection. Plus, they help pull you through during a tough time.

    Accepting loss of control over alcohol consumption is not a sign of weakness. On the contrary, it is a sign of consciousness. Help can only be given to those who ask for it. So, for the alcoholic mind, realizing that they have an alcohol problem is the first step on the way to change.

    2. Lack Of Devotion And Commitment

    In order to really “change”, the desire to be different needs to come from inside. You cannot wish someone to be different than they are; they must want to change. So, one of the other things that can get in the way of getting better is a person’s own mindset.

    Indeed, psychologists and psychiatrists say that awareness of a problem does not always signify change. Commitment during treatment are vital to be able to get through withdrawal and maintain sobriety. Recovery does not work unless an alcoholic works it: for themselves, by themselves.

    3. Lack Of Good Aftercare Plan

    Alcohol recovery is an ongoing process. So, treatment does not end once a person leaves rehab. The real battle begins when s/he needs to make change last. so, the transition from rehab to home should be done only after a person is adequately prepared. Sometimes, this can be months or years later. You need to understand and accept this.

    The main idea here is that an aftercare plan is needed if you want to see someone change for good. This plan outlines a strategy designed to help individuals deal with all the challenges that await them. So, when they leave rehab, they are ready to return home.

     

    Top 5 Things To Avoid When Getting Into An Alcoholic’s Mind

    1. Avoid self sacrifice. You can only help an alcoholic loved one as much as they let you.
    2. Avoid giving criticism; it can only lead to conflict. Your alcoholic loved one needs to recognize the problem , perhaps with support from a profession.
    3. Avoid enabling your loved one alcohol addiction. Enabling a loved one’s addiction can hurt you both.
    4. Avoid discussing anything with your alcoholic loved one when s/he is under the influence; they can become violent.
    5. Avoid any kind of negative talk. Instead, focus on looking for treatment alternatives for yourself and your loved one.

    An Extra Tip To Getting Into An Alcoholic’s Mind

    The last thing you need to keep in mind regarding your loved one’s alcohol addiction problem is this: understanding more about the alcoholic brain is not going to make him/her stop. But getting to the bottom of how alcohol influences on the brain might give you more acceptance of the situation that you are currently in. Always remember that in order for an alcoholic to recover, medical help and treatment are required. The only thing you can do is be a part of your loved one’s recovery journey and give them all the support they need along the way.

    Questions?

    Have any more questions? We’d love to hear from you!

    If you still have questions regarding getting into an alcoholic’s mind after reading this article, we welcome you to post them in the comments section. We will try to provide personal answers as quickly as we can, or refer you to someone who can help.

    Reference Sources: Integrated Approaches to Drug and Alcohol Problems: Action on Addiction, 109.p
    NIAAA: Alcohol Facts and Statistics
    NIAAA: Treatment for Alcohol Problems: Finding and Getting Help
    AAFP: Medications for Treating Alcohol Dependence
    NIAAA: Alcoholism and the Brain, An Overview
    NIAAA: Alcohol Alert, Alcohol’s Damaging Effects on the Brain
    Alcohol Research Current Reviews: Alcohol’s Effect on Brain and Behavior
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    View the original article at addictionblog.org

  • Sober Living Options in Florida

    Sober Living Options in Florida

    ARTICLE OVERVIEW: Sober homes can help you establish routines in addiction recovery. They can be the bridge between treatment and daily life. But, how can you find a licensed sober home in Florida? What are the regulations in the state? We answer here.

    TABLE OF CONTENTS:

    Definitions

    To begin with, what is a sober home? In general, sober homes in Florida consist of communities of people who agree to live together in a drug-free environment. Sober living is NOT drug treatment. A drug treatment facility is much more proactive and offers medical treatment, so it must be licensed.

    Under Florida law, a sober home is a place for recovering addicts to live. This type of housing operates under a typical landlord-tenant arrangement. The resident pays rent and the landlord provides a place to live … but the landlord does not provide actual addiction treatment.

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    There are three basic types of housing in Florida:

    Sober Living

    These houses are stable, supportive, and drug-free living environments for people who want to maintain their sobriety. Most sober living houses offer more than just a transitional period. They provide individualized recovery plans that allows residents to work on their own program. Based on peer support, these houses will help you become self-supportive. It is not necessary to have completed a treatment program, but it is expected that you support yourself, pay rent, and buy food. Moreover, some sober houses will encourage you to work, or to seek work. There is no limitation for the length of your stay.

    Halfway Houses

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    Halfway houses provide a safe and drug-free environment, but the main requirement for stay is that residents must have already completed or are actively enrolled in a treatment program. Usually, these houses are also funded by the government. Many residents are court-ordered to remain there. Drug testing is mandatory when you leave the house overnight. Also, residents may be randomly drug tested. Halfway houses should have 24-hour staff service which may include a clinical addiction treatment team. Generally, the maximum length of your stay in a halfway house is 12 months with a structured and rigorous program.

    ¾ Houses

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    A ¾ house is a drug-free living house similar to halfway house. The main difference is that ¾ house is less structured and with not so rigorous control. It is a type of step down in supervision. Generally, the curfews are later, and you will have the possibility to go to school or work.

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    House Rules

    The rules in a sober house vary, but they are some general rules that apply to most of the houses. Here are some of the most common house rules you’ll find a sober home in Florida.

    1. No alcohol or drug possession or use is allowed on or off the premises. To monitor compliance, staff can request drug testing for residents, often randomly, and discharge someone who refuses to comply.

    2. No guests or visitors are allowed in the house without staff consent. Overnight guests are not allowed.

    3. Residents must complete daily chores and adhere to the house curfew.

    4. Residents must attend one weekly household meeting as well as self-help meetings daily.

    5. Residents must be employed as soon as possible and devote several hours per day to the search.

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    6. Residents may not borrow money from others. Stealing results in immediate removal.

    7. Many houses do not allow pets.

    8. You must pay your rent and any other fees on time.

    9. You should keep mental health and medical appointments on time and take medications as prescribed.

    10. You are allowed to smoke only in designated smoking areas.

    11. Many houses allow a 48-hour overnight pass once a month, but you need to request this in advance and then submit a drug test sample upon return.

    12. Fighting and gambling are not allowed.

    What Sober Living is Really Like

    Living in a sober house after rehab is a challenge. You’ll live with people you’ve never met before who can be very different than you. You’ll need to comply with a strict set of rules. Believe it or not, these rules will help you maintain your sobriety. The idea is that you need rules at the beginning to return to everyday life. So, what’s a typical day like?

    In a sober home, everybody wakes up around the same time. The mornings are reserved for daily chores such as making your bed, cleaning your room and the shared bathroom, or helping with breakfast. After finishing with the morning routine, there may be a house meeting to assign duties for the residents. Those who have a job will go to work, while the others can search for employment.

    During the day, some residents may have a counseling sessions outside of the home, others may need to perform community service. Usually, the evenings are reserved for a support group session, social activities, and dinner. At night, there is time for reading, or watching TV. Everyone usually goes to bed around the same time, or lights out is around midnight

    Despite the fact that these rules may seem strict, there are quite effective to keep you on track with your recovery. A six-months study published in the Journal of Psychoactive Drugs showed that 40% of the participants stayed sober during the 6 months period in the sober home. [1]

    Here is a testimonial about living in a sober home:

    “Now I no longer live to use. I live with a real purpose and ministry. I live to show others by example that “birds of a feather” can learn to live productive lives and come back from living hell by 70 sticking together. YES I go to meetings. YES I have a sponsor, and YES I am working the steps. BUT – Oxford House was the missing piece to the puzzle that saved my life and for that I am eternally grateful. The funny thing is, Oxford House has become a religious experience for me. I never thought that I would once again find a real purpose for living. Thanks to Oxford House, I am now fulfilling my purpose” Xavier’s Story [2]

    Finding a Sober Home

    Living in a sober home can bring you many benefits on learning how to live a sober life, and how to avoid triggers. But where you can find a sober home?

    1. Ask for a referral from your treatment facility.

    Usually, treatment centers are connected with sober houses or offer living in a sober house as part of their aftercare service. Speak with your case manager about options BEFORE you leave treatment. You’ll want to be sure that there is room in a sober home and that they will be ready for you when you arrive RIGHT AFTER TREATMENT.

    2. Ask for a referral from a mental health professionals or center.

    Most mental health centers in the state of Floridapost flyers for sober homes or have connections with sober households. Speak with an administrative person at a mental health center. Or, connect with a psychologist or counselor for a referral.

    3. Visit the National Alliance for Recovery Residences.

    This is a non-profit organization dedicated to support people in recovery by helping them access to quality sober homes.[3] Check the website listings for sober homes by city in Florida.

    4. Check out a list of Certified Recovery Residences

    Finding a good sober home is of huge importance since it has the power to shape your path in recovery. Here is a list of some useful tips you may consider before choosing your future home. [4] :

    • Be sure that you understand the house rules.
    • Check out the testimonials from people who lived there.
    • Find a house that is located near your work and counseling.
    • Try to find a home with people who are 6+ months sober.

    Laws

    There are specific laws in Florida that regulate the operations of sober homes. Additionally, some federal laws govern how sober housing should be provide throughout the U.S. Here is a summary of the most important state and federal laws and their main principles.

    H.R.4684, Ensuring Access to Quality Sober Living Act of 2018

    SUMMARY: This law requires that SAMHSA publish best practices for operating sober houses, and to provide technical assistance to adopt those practices.

    House Bill 807, CS/CS/HB 807: Practices of Substance Abuse Service Providers

    SUMMARY: This law authorizes Office of Statewide Prosecution to investigate and prosecute offenders to patients, and to increase penalties for operating without proper license. Moreover, it requires that the Department of Children and Families, DCF, check out owners, directors, CFOs, and clinical supervisors of substance abuse service providers.

    The Americans with Disabilities Act
    The Federal Fair Housing Act (particularly its 1988 amendments)

    SUMMARY: People in recovery from substance abuse disorders are considered “disabled” under these laws. The latter law specifically prohibits discrimination in the sale or rental of housing, or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap. It requires governments to make “reasonable accommodations” to preclude such discrimination.

    SAMHSA Block Grants for prevention and treatment of substance abuse
    42 U.S.C. § 300x-25 AND 45 C.F.R. § 96.129

    SUMMARY: The Substance Abuse and Mental Health Services Administration (SAMHSA), within the Department of Health and Human Services (HHS), administers two federal health care grants for SUD prevention and treatment that states may use to establish recovery homes and for related activities. First, under its Substance Abuse Prevention and Treatment block grant, SAMHSA makes at least $100,000 available annually to each state to provide loans to organizations seeking to establish recovery homes. Second, states have discretion to use SAMHSA funding available under a 2-year grant for 2017 and 2018 primarily for opioid use disorder treatment services, to establish recovery homes or for recovery housing-related activities.

    NOTE: Florida SB 582 (2014) required all sober houses to register with the state’s Department of Children and Families and provided a criminal penalty for operating an unregistered sober house. The bill died in committee.

    FL State Sober Home Statistics

    The Sunshine State doesn’t not require license for recovery residences, but there voluntary certification is described by a law called the Florida Statute 397.487. [5]Currently, there are 392 certified recovery residences in the Florida Association of Recovery Residences. [6]

    This law states that a person who deals with addiction issues has a higher success rate of achieving long-lasting recovery when they have the opportunity to build a stronger foundation by living in a recovery residence after completing treatment. Moreover, Legislature protects these people by giving them adequate housing.

    The voluntary certification program establishes recovery residence certification requirements, monitors and inspect recovery residences, provides training, and develops a code of ethics.

    Licensing

    Federal Oversight and Regulations

    As far as the federal government is concerned, sober houses do not provide treatment; they provide a place where people can support one another in sobriety. They are not licensed by any state agency or subject to state regulation solely as sober houses. Instead, they may be subject to building and fire safety codes based on their size.

    State Oversight and Regulations

    The residential group homes in Florida are licensed by two state agencies: The Agency for Health Care Administration and the Department of Children and Families, DCF. You can a complete list of specific residential group care facilities that DOH has authority on in 381.006 (16) of the Florida Statutes. [7] The department provide annual environmental health inspection that covers things such as lighting, house maintaining, water supply, outdoor and indoor equipment, food hygiene and sanitation, etc.

    Local Oversight and Regulations

    Local governments sometimes try to restrict the establishment or operation of sober houses through zoning and housing codes, but the federal laws outlined above limits their ability to do so. Nonetheless, some towns have tried to use zoning and other codes to restrict the establishment or operation of sober houses.

    In Florida, some cities like Pompano Beach have outlined clear zoning guidelines that put restrictions on sober living homes. [8] In this case, for example, the city’s leaders have clarified that people without disabilities and people with disabilities who pose “a direct threat to the health or safety of others” such as prison preparolees and sex offenders are not covered by the 1988 amendments to the Fair Housing Act. Therefore, the logic goes, cities do not have to make the same reasonable accommodation for them as cities must for people with disabilities who do not pose “a direct threat to the health or safety of others.”

    How to Report a Sober House

    If you suspect that your sober house is committing a crime, a fraud, or has some improper management, you can call on the toll free hotline:

    1-844-324-5463

    This hotline is created by the State Attorney’s Office who is asking people in recovery, as well as doctors and counselors to report questionable business practice. [9]

    Your Questions

    Living in a sober house can help you determine the pace of your recovery. Definitely, it will help you focus on you and your health. Further, we believe that living in a sober house will help you transition safely into your day-to-day life. It is the bridge that connects treatment and real life. But it can be a big decision to live in a halfway or ¾ way house.

    Do you still have questions about sober housing in Florida?

    Call us for more information about your treatment and sober living options. Or, post your questions in the comments section at the end. We try to respond personally and promptly to all legitimate questions.

    REFERENCE SOURCES:[1] NCBI: A Clean and Sober Place to Live: Philosophy, Structure, and Purported Therapeutic Factors in Sober Living Houses
    [2] Oxford House: Oxford House Stories
    [3] National Alliance for Recovery Residences
    [4] FL Statutes: Certified Recovery Residences
    [5] FL Statutes: Voluntary Certification of Recovery Residences
    [6] RARR: Certified Residences
    [7] FL Statutes: Public Health
    [8] Pompano Beach, FL Guidelines on Sober Housing
    [9] Sober Homes Task Force
    State of Connecticut: 2015 State of Connecticut Office of Legislative Research Report on Sober Houses
    FBI: Sober Home and Drug Treatment Center Owner Sentenced
    GAO, United States Government Accountability Office 2018 Report: Information on Recovery Housing Prevalence, Selected States’ Oversight, and Funding
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    View the original article at addictionblog.org

  • Drug Possession Laws in Massachusetts

    Drug Possession Laws in Massachusetts

    ARTICLE OVERVIEW: Have you been caught in the possession of drugs in Massachusetts? This article presents common charges and penalties. Plus, we review how drug courts and rehab can help. 

    TABLE OF CONTENTS:

    Basic Definitions

    Massachusetts is anything but lenient when it comes to their drug laws. First, drug classifications differ from federal scheduling. Second, Massachusetts courts decide how serious a drug possession crime is first depending on the class of the drug itself. Accordingly, there are three different types of charges law enforcement can give you:

    1. Drug Possession, which is defined being caught with a personal amount of a drug on you.

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    2. Intent to Distribute, defined as holding enough of a drug to sell. The amount depends on the specific substance and how it is classified.

    3. Drug Trafficking defined as holding enough of a drug to distribute on a large scale.

    Under Massachusetts General Laws Chapter 94C, drugs are classified as certain types of controlled substances. These substances go from A to E, or more dangerous to less dangerous. Section 34 of this law, however, describes Rx drug use as illegal in the state. So, when you use a prescription drug without consent from a licensed physician or an illegal drug is known as a “controlled substance”[1].

    Furthermore, Massachusetts has its own classification for controlled substances which differ from other states and the federal government. They are as follows:

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    • Class A Substances: Drugs in this category include heroin, morphine, ketamine, and GHB.
    • Class B Substances: Drugs in this category include cocaine, LSD, ecstasy, amphetamines, PCP, methamphetamines, and prescriptions painkiller drugs such as oxycodone.
    • Class C Substances: Drugs in this category include prescription tranquilizers and narcotics, diazepam, hydrocodone, mescaline, and psilocybin mushrooms.
    • Class D Substances: Drugs of this category include marijuana and phenobarbital.
    • Class E Substances: Drugs of this category include prescription opiates at lower doses such as codeine and morphine.

    Specific Laws

    Massachusetts General Laws Chapter 94C, Section 2: Establishment of schedules of drugs or other controlled substances

    Massachusetts General Laws Chapter 94C, Section 32L: Possession of Marijuana

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    Massachusetts General Laws Chapter 94C, Section 34:Unlawful possession of a particular controlled substance

    The Legal Process in Massachusetts

    Before you receive sentencing, a court’s judge or jury must find you either guilty or not guilty for the crime you’re accused of.So, how does the court process work? What can you expect for your drug possession charges?

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    When you’re arrested, you’ll be read your legal rights. Keep these rights in mind as they can play a vital role in later court dates. However, you need to know that there’s potential you receive jail time, depending on your cases. With bigger charges, such as drug trafficking, you can expect to be in jail during this entire process. Your rights in Massachusetts are as follows:

    • The right to remain silent.
    • The right to the presence of an attorney while you’re under questioning. If you can’t afford one, you’ll be appointed one.
    • The right to be considered for bail.? [2]

    After being booked, you’ll be brought to a court where your bail will be set. If the court is closed, then the police will reach out to a bail magistrate who’ll give authority to release you or not. If you are released, you’ll have to pay a fine and your court date.This is known as your arraignment date.

    During an arraignment, you’ll be read your charges and given the decision to either continue with the court or plead guilty. If you continue to press your innocence, you’ll then receive a pre-trial conference date.

    Before you go to court again, you’ll need to talk to your legal defender. S/he will be informed about how to defend your on the day of your trial. They’ll prepare you to the best of their ability and, when the time comes for trial, they’ll defend you.

    After going to a pre-trial conference date, you’ll receive your court date. Depending on your circumstances, you might have the ability to resolve your case during this time. However, most drug possession cases will not be waivered.

    It usually isn’t until your trial will you will have the ability to properly defend yourself in front of a jury but also receive your verdict. A verdict is a final decision made upon your case where you’ll find out what charges you’re given.

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    Burden of Proof

    Under Massachusetts law, when a charge is made placed against you, the prosecutor must establish the following elements. Without these elements, they will not be able to properly convict you. These include:

    1. LEGALITY. There must be evidence that you were in possession of a controlled substance at the time of your arrest.

    2. KNOWLEDGE. There must be proof that you were aware of the illegality of this controlled substance…and you knew of its presence.

    3. CONTROL. There must be evidence that you were in full control over the controlled substance. This includes both its presence and location.

    Sentencing

    A drug possession sentence in the state of Massachusetts varies from case to case. As mentioned, Massachusetts courts decide how serious a drug possession crime is first depending on the class of the drug itself. A person with a Class A drug will receive harsher sentences than someone with a Class C drug.

    Regardless of the class, as long as you have enough of a controlled substance, you can expect to receive at least some jail time.The least amount of jail time you can receive is through a misdemeanor. It should be noted that misdemeanors only apply to Class D and Class E substances, or if you’re caught solely drug paraphernalia.

    All other drug possession cases usually result in a felony charge in Massachusetts.

    So, if you’re caught with a Class A, Class B, or Class C controlled substance you can receive a felony charge. However, if you’re caught selling a Class D or Class E controlled substance, you’ll also be charged with a felony. No matter what you’re charged with, you may be eligible for alternative sentencing. See the section on alternative sentencing below for details.

    Misdemeanor Possession

    A misdemeanor charge is an offense taken less seriously than a felony crime. Therefore, punishments are also less serious too.As mentioned, when it comes to drug possession, misdemeanor crimes are when you’re caught with Class D or Class E controlled substances. Or when you’re caught only with drug paraphernalia.

    Typical misdemeanor consequences in Massachusetts include, but aren’t limited to [3]:

    • 6 months in jail
    • A fine of up to $500
    • License suspension for at least a year

    Felony Possession

    A felony charge is an offense taken much more seriously than a misdemeanor. Therefore, punishments are also taken more seriously.When it comes to drug possession, felony crimes are charged when you’re caught with a Class A, Class B, or Class C controlled substance. However, if you’re caught selling a Class D or Class E controlled substance, you’ll also be charged with a felony.

    Typical felony consequences in Massachusetts include, but aren’t limited to:

    • An average fine between $2,000 and $5,000.
    • An average of 3 to 5 years in jail or state prison.
    • License suspension for an average of 3 to 5 years.

    Other Penalties

    The penalties mentioned above aren’t all you’ll face for a misdemeanor or felony crime. Depending on your situation, you can be charged with other penalties. Furthermore, misdemeanor and felony crimes come with a list of penalties which won’t necessarily be vocalized in court. These include:

    • Inability to obtain certain employment.
    • Inability to obtain certain types of government employment.
    • Inability to qualify for certain types of college scholarship or financial aid.
    • Inability to qualify for public housing.
    • Inability to receive a state license or certification.
    • Possible community service.
    • Possible drug treatment programs.
    • Probation.
    • Suspension of a driving license.

    In order to get a clear sense of whether or not any of these penalties pertain to you, you’ll want to talk to a lawyer.

    Drug Court

    You may be eligible for drug court rather than a traditional court hearing. Drug courts seek out treatment rather than punishment for drug related crimes. Through rigorous drug treatment, people have the ability to learn about the roots of their drug problem. They are then given the opportunity to learn how to reverse these problems and, in turn, go on to live out a drug-free life.

    In fact, a drug court is defined by superintended probation and necessary drug treatment along with random drug testing, all of which is supervised by a probation officer. [4] Drug courts have been proven to rehabilitate criminals. Nationwide, it’s estimated that 75% of people who graduate from a drug court don’t receive an arrest for at least two years after the program.

    If you believe this is something you’re interested in, we highly suggest talking to your lawyer about checking your qualifications for a drug court. Not everyone is eligible. But, you may be! Or, call us to talk about your rehab options. A drug charge in Massachusetts might be just the wake up call that you need to turn your life around.

    Alternative Sentencing

    In Massachusetts, you have options for alternative sentencing. However, it’s important to note that you don’t have a decision when it comes to this. Just as with the other penalties you might face, your alternative sentencing is determined through the circumstances of your crime.

    Still, it’s beneficial to take a look at these alternative sentences. If you’re only a first time offender, you might have the potential to avoid jail time. It’s vital you talk to your lawyer on this matter as s/he will provide you with the knowledge you need for applying for these alternative sentences.

    1. Motion to Suppress

    Do you feel as though evidence taken against you was obtained through illegal means? If so, then you can motion to suppress. Your eligibility depends on what happened when you were caught in possession of drugs. Often, the police will make an illegal encounter in order to get to the drugs. You’ll want to talk to matter over with your lawyer in order to see your qualifications.

    2. Pretrial Diversion

    Only those who are first-time nonviolent offenders are eligible to request a pretrial diversion. If this goes through, you’ll receive probation in which you’ll have to report to a probation officer monthly. You’ll also have to take random drug tests and, depending on your circumstances, you may have to do a certain amount of community service hours. You’ll avoid jail time as long as you don’t commit another crime. Even after you’ve completed probation, you risk jail time for committing a crime as it becomes a second offense.

    3. Pretrial Intervention

    This is very similar to pretrial diversion, except people who do have a criminal record are eligible to apply. It’s a probation period where you’ll have to report to a court on a regular basis. During this time, you’ll be asked to complete drug addiction assessments, evaluations, and even a treatment program.

    4. Submit a Plea

    If you’re seeking to complete your probation with as little consequence as possible, you’ll want to submit a plea. You might find difficulty in doing so as Massachusetts has strict rules regarding drug possession. To better understand your eligibility, it’s important to discuss the matter with your lawyer.

    If all else fails, you can always go to trial. Though you still risk being found guilty, this is the final way for you to resolve your case.

    When to Contact a Lawyer

    You should consider contacting a lawyer immediately upon your arrest. As mentioned, Massachusetts has strict laws regarding drug possession and, without the right defense, you might face serious punishments. Not only does a lawyer have the ability to lessen these punishments but the right lawyer can give you opportunities such as a drug court.

    When looking for a lawyer, you may assume all you need to do is make a quick Google search. Though this will reveal a list of great options, it’s in your best interest to take a closer look at each lawyer’s experience. For example, you’ll want to check out the Massachusetts Bar Association Directory. [5] This directory will provide you with every lawyer who has a license in the state of Massachusetts.

    The importance of a lawyer is the fact that each person’s drug possession case differs. There are factors which can be accounted for in each circumstance. Therefore, a lawyer can pick apart these matters and properly defend you in front of a court of law.

    What if you can’t afford a lawyer?

    As long as you qualify for a public defender, then the state of Massachusetts will provide you with a public defender. You can expect this lawyer to offer legal advice, free of charge, prior to your court date.

    Your Questions

    This article aimed to offer you as much information on drug possession laws in Massachusetts as possible.

    Still have more questions?

    Feel free to ask them in the comments below. If you have more information to share about drug possession laws in Massachusetts, we’d also love to hear from you. We try to get back to everyone in a prompt and personal manner.

    Reference Sources:[1] Massachusetts Legislature: Chapter 94C
    [2] Mass.gov: Understanding the Criminal Court Process
    [3] Boston University: State and Federal Laws and Sanctions Concerning Drugs and Alcohol
    [4] Mass.gov: Drug Courts
    [5] Massachusetts Bar Association Directory
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    View the original article at addictionblog.org

  • Addressing Emotional Abuse in Addiction Recovery

    Addressing Emotional Abuse in Addiction Recovery

    ARTICLE OVERVIEW: There are people who try to control other people’s actions by behaving in an abusive way. Often, the abuse manifests through humiliation, fear, guilt, or feelings of embarrassment. So, how can we deal with current or past emotional abuse in recovery? We explore the issue here. Then, we invite your questions or feedback at the end.

    TABLE OF CONTENTS:

    What is emotional abuse, exactly?

    Emotional abuse is defined as is the ongoing emotional maltreatment or emotional neglect of a child or person. It is mostly expressed verbally by:

    • Criticizing
    • Disapproval of another person’s action(s), or
    • Constant expression of dissatisfaction

    This type of behavior, especially when it appears in primary relationships with loved ones, can destabilize self-confidence and sense of self-worth. Emotionally abused individuals see no way out, experience a growing fear of being alone, and usually tend to accept the abusive situations and behaviors as normal.

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    So, how can you recognize if emotional abuse runs in your family? Can emotional abuse patterns affect your addiction recovery?

    Signs of emotional abuse in family

    Physical symptoms of emotional abuse are not quite obvious, so the signs of this type of abuse can be seen in a person’s emotions and actions. Recognizing the signs of emotional abuse in children is even harder, because changes in their mood and character are a part of growing up. However, you can recognize an emotionally abused person if they express some of the following signs:

    • Avoiding closeness with people that they love or like
    • Avoiding a love life
    • Becoming withdrawn from communication with parents (for children)
    • Being unable to control strong emotions
    • Expressing emotions aggressively
    • Losing interest for social activities
    • Losing self-confidence by becoming too cautious or fearful
    • Showing aggression to other people and/or animals

    Effects of emotional abuse on you and your family

    Emotional abuse can make people feel anxious, depressed, easily afraid, and reliant on other people’s authority. It is typically seen as a “less serious” form of abuse because there is no direct physical effects on the person. However, emotional abuse can have severe effects on everyone in the family. These effects of emotional abuse include:

    1. Many children engage in deviant behaviors such as stealing, bullying, using substances, and running away.

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    2. Emotional abuse increases the risk of eating disorders, other mental health problems, or leads to self-harm.

    3. Emotional abuse can affect emotional development, including the ability to fully express the emotions that arises appropriately.

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    4. Children who grow up in homes where they are constantly criticized and understatement may experience lack of self-confidence and anger management issues.

    5. It can be hard for children to develop healthy relationships when their parents are not giving them love and care as they need it.

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    6. Emotional abuse can lead people to depression, lack of happiness and satisfaction with their life, while affecting their physical health in the adult years.

    7. Emotional abuse can affect children’s behavior by creating anger. This manifests in how they treat their peers or other people, a condition also known as negative impulse behavior.

    8. Self-isolating behavior may also appear, which further distances you from others, as a difficult personality.

    How to deal with emotional abuse in addiction recovery

    You’ll have to take some steps in the healing process in order to deal with emotional abuse different from the patterns you’ve learned before. Here we present you 3 actions that will help you empower the change:

    1. Become aware of the cause.

    Even though there is no rule that insight into a problem leads to change, it is always better to be aware of the problem instead of letting it give you the lesson on the hard way. You need to be conscious when feelings of anxiety, fear or depression appear and understand how impulsively you react on them. Why do you address the problem in such response? Is your reaction solving or helping you express those feelings properly? Do you hurt yourself or someone else with your reactions? Acknowledging these questions, can help you improve the way you’re dealing with emotional issues. So, identifying patterns is STEP 1.

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    2. Take responsibility.

    Life can put you in many a difficult place. With life, comes many traumas that can be quite a challenge for any of us. However, at a certain point you need to take their healing into your own hands. The process of restoring an authentic “self” from the inside begins when you make a conscious decision to cope with and own your own negative emotions.

    Although it’s easier said than done, the one true way out of reliving emotional abuse and coming into emotional freedom comes with the decision to ask for help-and there are plenty of professionals available to walk you through it. It may benefit you to reach out for professional help via:

    • Community Mental Health Clinic
    • Licensed Addiction Counselors
    • Licensed Clinical Social Workers
    • Psychotherapists or Licensed Clinical Therapists
    • Psychiatrists

    3. Seek specific therapies for emotional abuse.

    Before you address emotional abuse, you’ll have to tackle drug or alcohol addiction first. The influence of any psychoactive substance will make it harder to really start recovering. Once addiction recovery is stable you can seek out these specific, evidence-based therapies:

    Cognitive-Behavioral Therapy: Helps you deal with trauma by identifying thoughts and feelings about past experiences. The goal? To eliminate the negative attitude about that experiences and understand them with a positive mindset.

    Group therapy: A common treatment for survivors of emotional abuse. It helps you rebuild your self-confidence while sharing experiences with people that were facing similar life situations.

    Somatic Therapy: Helps you deal with the physiological effects of trauma especially in the nervous system. The goal? Recognize and release the repressed energy that has accumulated to feel physically freed.

    Family Therapy or Couples Therapy: This type of therapy is used when the abuser is prepared to admit that there is a problem in the way they behave or solve life situations. The abuser must be ready to work on his own behavior. Family therapists can help you understand everyones roles in the family, the responsibilities you have and to balance or establish a compromise within each relationship.

    Emotional Freedom Technique: An effective technique used by many therapists throughout the world. It helps you disassociate from unaccepted and unpleasant situations that made you feel bad by making connection with certain parts of your body while repeating a positive affirmation out loud.

    Questions about emotional abuse

    If you find yourself in any of the situations described above, maybe you should talk with a family counselor. Emotional abuse can be treated properly. So there is nothing to be ashamed of if you are ready for help.

    Please leave your questions and comments about getting help here. We are happy to help refer you to treatment services or answer your questions personally.

    Reference Sources:  EQI: Emotional Abuse
    NSPCC: Emotional abuse – Signs, symptoms and effects
    Reach Out: What is emotional abuse?
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    View the original article at addictionblog.org

  • Drug Possession Laws in California

    Drug Possession Laws in California

    ARTICLE OVERVIEW: Have you been caught with drugs in California?  We describe the legal process here. Plus, a section on how drug courts and rehab can help.

    TABLE OF CONTENTS:

    Basic Definitions

    In California, what does it mean to be legally charged with drug possession? Basically, if you are charged with drug possession, it’s because you are either holding a substance either on your person, in your vehicle, or in your place of residence. The state of California recognizes two different types of drug possession:

    1. Simple Possession is when you are carrying an illegal substance on your for your own personal use.

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    2. Possession for Sale is when you are carrying an illegal substance with the intent to sell to others.

    Both crimes result in penalties, However, Possession for Sale is a much more serious offense.

    Specific Laws

    Adult Use of Marijuana Act (Proposition 64) [1]
    California Health and Safety Code 11350 HS [2]
    Proposition 47 [3]
    Uniform Controlled Substance Act [4]

    The Legal Process in California

    When it comes to drug possession laws, how the legal process carries out depends on whether you are being charged for an infraction, a misdemeanor, or a felony. According to the California Criminal Justice System, the legal process typically follows these four basic steps: [5]

    STEP 1. A Crime is Reported

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    In order for this entire process to start, a person first needs to break the law.

    STEP 2. Arrest

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    Depending on witness information, you’ll be arrested by a police officer. This is usually followed by placement in a county jail, where you’ll have the opportunity to ask for and receive bail.

    STEP 3. Prosecution

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    Your case will be heard in a state criminal court. In court, a county district attorney describes the charges and the evidence against you. Then, a judge or a jury will deliver a verdict and/or a sentence. Depending on your circumstances, you’ll either be found guilty or not guilty.

    STEP 4. Corrections

    Depending on the prosecution, you can receive a sentence for jail time, community service, fines, state prison, and/or other penalties. If you’re under the age of 18, your charges will differ from that of a legal adult.

    If you’d like more information on the exact proceedings in the county in which you’ve been charged, you can find contact information on the State of California’s Department of Justice page.

    Burden of Proof

    The “Burden of Proof” is the legal presentation of evidence against you. In order for a California court to properly prosecute you for a drug possession charge, they must establish the following elements beyond a reasonable doubt. This includes evidence of the following:

    1. The substance must be illegal. When you were arrested, the drug you were in possession of was seized by an officer and placed in an evidence storage room. In order for the court to properly prosecute you, they must have sufficient evidence that what you were holding was actually an illicit substance.

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    2. You must know that the drug is illegal. In order to be properly prosecuted, you must have actually known or should have known that the substance you were in possession of is illegal.

    3. You must be in control of that drug. There must be evidence that you were had full control over the illegal substance. There are cases where people are holding an illicit substance and had no idea.

    Sentencing

    Q: What kind of sentencing can you expect for a drug possession charge in California?

    A: It entirely depends on your situation.

    In fact, it’s difficult to pinpoint exactly what kind of sentencing you can expect. A lawyer can be of great help, as they can get a sense of your circumstances. Further, you may be eligible for drug court. If you are struggling with drug addiction, ask about drug court. California drug courts help people receive treatment for addiction…rather than punishment for possession. More on this below.

    Still, there are some general standards in sentencing. People who are in possession with intent to sell can expect to receive a higher penalty than those simply in personal possession. In fact, people who are caught with drugs for personal use will only be charged with a misdemeanor under the Proposition 47 law. Even more so, certain drugs like marijuana have now been legalized in the state. This means that those in possession of marijuana will not be prosecuted unless they are holding more than 28.5 grams. After that amount, it becomes illegal under Proposition 64 and you’ll be charged with drug trafficking.

    Misdemeanor Possession

    Most of California’s drug laws are more lenient than that of other states. For example, many people are getting their prior marijuana possession charges expunged due to the new laws. In California, three charges exist for drug possession:

    1. An infraction
    2. A misdemeanor
    3. A felony

    In the Golden State, all personal drug possessions are charged under a misdemeanor. These are crimes with less seriousness than felonies and, in turn, have less severe penalties. If you’re charged with a first-degree misdemeanor, you’ll receive the following penalties:

    • A fine of up to $1,000.
    • Up to 6 months of jail time.

    It should be noted, people who are only receiving a misdemeanor for their drug possession charges will have the opportunity to testify in a drug court. [6] These are specialized courts which offer alternatives to traditional punishments. More specifically, drug treatment and rehabilitation options. You can find out more below.

    Felony Possession

    In the state of California, there are 3 degrees of felonies. What the penalties for these felonies are depends on the crime. One way to better understand the severity of the charge is to identify the drug’s schedule. You can get a feel for possible penalties by either discussing the matter with a lawyer or going to court and finding out the judge’s verdict.

    If you are caught in possession of drugs with the intent to sell OR break specific laws while in possession, you will be charged with a felony. Many times, felonies will result in a large fine, an average of $5,000 to $10,000, and a prison sentence between 2 to 20 years. These specific laws include situations such as:

    • Aggravation or threatening of violence.
    • Consuming illicit drugs on or near school property.
    • Sharing illicit drugs with a minor.

    In most states, each felony class will have a fixed set of punishments. However, in California, things are done a bit differently. Instead of a fixed punishment, California gives judges the freedom to decide a proper punishment based upon the defendant’s crime.

    Drug Schedules

    Legally speaking, there are five “schedules,” or drug classifications, which are designed to rank a substance in terms of how dangerous it is and its likelihood of abuse. Schedule I drugs are considered very dangerous. Possession of schedule I drugs in California can lead to the strictest of possible penalties or sentences. Possession of Schedule V drugs is considered less dangerous. The main drug schedules are as follows:

    Schedule I. The drugs with the highest potential for abuse and are seen to have no accepted medical use.

    Schedule II. The drugs considered the second highest for abuse and have some accepted medical use. Usually, with very severe restrictions.

    Schedule III. The drugs with some potential for abuse and have accepted medical use. Medical professionals would consider their potential for physical dependence to be low and moderate while they have a high psychological dependence risk.

    Schedule IV. Even lower chance of abuse than the prior and have accepted medical use.

    Schedule V. The lowest chance of abuse and have accepted medical use. There remains some chance of both a physical and psychological dependence appearing, however, it’s very limited.

    Other Penalties

    Besides fines and jail sentences, drug possession charges in California often have consequences which can be lifelong. Again, these penalties all depend on your situation. In addiction, the following penalties are also possible during sentencing for drug possession:

    • Inability to obtain a state license or certification.
    • Inability to become eligible for public housing.
    • Inability to obtain certain employment.
    • Inability to obtain some types of government employment.
    • Inability to obtain scholarships and financial aid.
    • License suspension, especially if you’re caught with possession in a vehicle.
    • Probation.

    Alternative Sentences Like Drug Court

    When it comes to drug possession, the California State judicial system is forgiving. This is due to the fact that a drug dependence or addiction is also seen as a mental illness. Instead of facing jail time, you could find yourself in a rehabilitation center. This is the case when evaluating:

    • The person’s needs.
    • The person’s guilt or innocence.
    • The specific laws which apply to the charge(s).

    So, if you were only in possession of a personal amount of an illicit substance, you may qualify for a drug court. These are specialized courts designed to replace traditional punishment with treatment. Instead, drug courts in CA seek to rehabilitate you through 30, 60, or 90 day programs. It’s in California’s best interest to reverse criminal intent related to drug use and, therefore, there’s potential for you to trade in your jail time for something with a positive impact. In order to see if you apply for a drug court, you might want to speak to a lawyer.

    Other Alternatives

    In California, there are other options you can seek after receiving a drug possession charge. The following are legal arguments you may want to make at certain points during your prosecution. In order to make sure these arguments are effective, you might want to discuss it over with a lawyer.

    1. Pretrial Diversion

    You can only receive a Pretrial Diversion if you are a first-time offender of a nonviolent crime. It can be looked at as probation in which you must be accepted and will be responsible for:

    • Drug tests
    • Cannot commit further crimes
    • Community service
    • Reporting monthly to a supervising officer

    2. Pretrial Intervention

    Similar to a Pretrial Diversion, a Pretrial Intervention is set up for those who do have prior criminal offenses and seek out probation. If you’re accepted into this program, you will be responsible for:

    • Not committing further crimes
    • Drug addiction assessments and evaluations
    • Drug treatment and rehabilitation
    • Obey specific rules set out by court
    • Regular court appearances

    3. “Motion to Suppress”

    Depending on your situation, you might have the opportunity to request a “Motion to Suppress”. This is when evidence is illegally obtained and, due to this, your case is automatically dismissed. Since many drug arrests are based on police’s speculation, there are often times where encounters become illegal. In order to get a true sense if your situation qualifies, you’ll want to talk over particular facts with a lawyer.

    4. Submission of a Plea

    For some individuals, it’s in their best interest not to receive jail time nor drug treatment. To instead carry on with their lives with as little consequences as possible. When you submit a plea, you’re negotiating a minimal probation sentence.

    5. Go to Trial

    You might not be guilty of the drug possession charge currently attached to your name. If so, you might want to go to court and plead innocence. Not only will you hold the potential to resolve the case, but you might even win something from the state.

    When to Contact a Lawyer

    Hiring a lawyer may or may not be in your best interest. Upon your arrest, you’ll have a general sense of how serious your drug possession charge is. Since each case is so unique and since California penalizes crimes on a case-to-case basis, a lawyer may be in your interest. S/He will have the ability to investigate these unique circumstances and fight for your best outcome.

    However, you might not be able to afford a lawyer. If this is the case, you’ll want to see if you qualify for a public defender. In essence, these are free lawyers who provide legal advice which you can use to defend yourself.

     You’ll want to research a lawyer before you decide upon one. Make sure he/she holds a license and holds good reviews from previous clients. If you’re looking for more information on the lawyer of interest, you should check out California’s State Bar.

    Your Questions

    Still have more questions concerning drug possession laws in California? If so, feel free to post them in the comments sections below. If you have further information regarding these laws or advice to give to people who have broken them, we’d also love to hear from you. We try to reply to each comment in a prompt and personal manner.

    Reference Sources: [1] Adult Use of Marijuana Act (Proposition 64)
    [2] California Legislative Information: California Law Code 11350 HS
    [3] California Department of Corrections and Rehabilitation Proposition 47
    [4] California Legislative Information: Uniform Controlled Substance Act|
    [5] LAO: California’s Criminal Justice System
    [6] California Courts: Drug Courts
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    View the original article at addictionblog.org

  • Marijuana Laws in Rhode Island

    Marijuana Laws in Rhode Island

    ARTICLE OVERVIEW: Marijuana is legal for medical use in Rhode Island. It is still illegal for recreational use but there are efforts being taken towards new legalization.

    Table of Contents:

    Is Marijuana Legal?

    Since 2006, marijuana has been medically legal in the state of Rhode Island under the law called, “Approved Qualifying Debilitating Medical Conditions”[1]. Though there are proposals in the works, Rhode Island continues to view marijuana as illegal for recreational use. In other words, without a proper medical card, being in possession of marijuana is against the law and will result in penalties.

    Cannabinoid Oil

    The Ocean State legalized cannabinoid oil, known as CBD, back in 2015. Because of its relation to marijuana, there are rules and regulations to be followed when it comes to purchasing and producing cannabinoid products. For example, cannabinoid products are not allowed to have THC content of more than 0.3%.

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    CBD was made legal to purchase across the nation for two purposes:

    1. It doesn’t get you high.
    2. It has many medical benefits.

    CBD is the chemical within cannabis plants used to treatmedical conditions such as [2]:

    • Anxiety
    • Inflammation
    • Intractable epilepsy
    • Pain
    • Psychosis
    • Seizures

    Marijuana Laws in Rhode Island

    As mentioned, marijuana is medically legal and recreationally illegal in Rhode Island. Without a proper medical card, you will face penalties for being in possession of marijuana. However, even with a medical card, there are still rules that you need to follow. [3] These include guidelines such as:

    You’re allowed to possess no more around 70 grams at a time.

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    You may be in possession of up to 12 plants and up to 12 seedlings.

    Two or more people with medical cards are allowed to harvest marijuana under the following regulations. Non-residential spaces cannot grow more than 10 ounces of usable marijuana, 48 plants, and 48 seedlings. Residential spaces cannot grow more than 10 ounces of usable marijuana, 24 plants, and 24 seedlings.

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    The laws for medical marijuana patients work in the same way as recreational alcohol. You are NOT allowed to drive while intoxicated nor consume marijuana in a public place.

    Furthermore, people with medical cards are only allowed to legally purchase marijuana through a qualified dispensary. A fellow card holder is allowed to share his or her marijuana with you. S/He is not allowed to sell to you. These rules are an attempt to stop the distribution of illicit substances within the state.

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    Penalties

    Penalties for the possession, sale, or trafficking of marijuana in Rhode Island vary based on your circumstance. For example, if you have over 1 kg of cannabis, you’re automatically considered to have the intent to sell. However, if you have less than 1 kg BUT also have an assortment of selling material like baggies or a scale, you can also be charged with intent to sell. The following table gives you a basic idea of marijuana possession laws and penalties within the state of Rhode Island.

    Again, these laws vary depending on your situation. For example, if you’re caught selling within 300 yards of a school, all penalties automatically double. If you’re caught selling to a minor, you receive a minimum fine of $10,000 along with a minimum sentence of 2 to 5 years.

    Marijuana DUI

    DUI laws for marijuana in Rhode Island work like the laws set up for drunk driving. The only huge difference is you can be charged more for possession of marijuana on top of your DUI. [4] Furthermore, the charges you receive will depend on your circumstance. For example, if you have a child in the car while driving under the influence of marijuana, you can expect to be face more penalties.

    The following are offenses with the general penalties involved with them. Understand, you can receive more or less of a consequence, depending on your situation.

    • First Offense

    ○ Up to one year in jail.
    ○ Suspended license for 3 to 12 months.
    ○ Fines of up to $800.
    ○ 10 to 60 hours of community services.
    ○ Driving school.

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    • Second Offense

    ○ Minimum 10 day jail sentence, maximum 1 year.
    ○ Suspended license for 1 to 2 years.
    ○ Mandatory drug treatment.
    ○ Fines of up to $1,500.

    • Third Offense

    ○ Minimum 3 year jail sentence, maximum 5 years.
    ○ 3 years of license suspension.
    ○ Mandatory drug treatment.
    ○ Fines of up to $5,000.

    If somebody was INJURED or KILLED due to your DUI, the penalties will be much greater. It’s common for these situations to bring upon felony charges, especially if your DUI causes a fatality. You’ll automatically be charged with vehicular manslaughter and can face upwards of life in prison.

    Views on Marijuana

    Currently, at the time of writing, marijuana advocates are taking action to legalize marijuana in the state of Rhode Island. With fellow New England states Vermont, Massachusetts, and Maine already allowing recreational cannabis, it wouldn’t be surprising if Rhode Island joined in too. In fact, a recent public opinion poll found that more people in Rhode Island favor legalization than discourage it. [6]

    With this in mind, the laws mentioned throughout this article may change in the near future. However, as is currently happening with legal states, rules and regulations surrounding cannabis is constantly changing. Therefore, the future of its legal status within the state and how it’ll be regulated remains a question up for debate.

    Is Marijuana Addictive?

    There are many out there who will tell you marijuana isn’t addictive. The unfortunate truth is, they’re absolutely wrong! Marijuana contains addictive qualities in a similar way to other drugs. People who smoke cannabis usually are addicted to its psychoactive elements and use the drug for mental and emotional reasons.

    You know marijuana causes a dependence because when a chronic user suddenly stops, they experience withdrawals. This is when the body begins to need marijuana in order to function normally. When marijuana is suddenly taken out of the system or when a high begins to wear off, you may feel the following:

    • Anger
    • Anxiety
    • Depression
    • Difficulty concentrating
    • Irritability
    • Mood changes
    • Trouble sleeping

    People also use marijuana for a lot of physical reasons as well. Some smokers will tell you they need marijuana in order to sleep properly. Or they have trouble maintaining an appetite without it. This is due to the fact that the body has adjusted to marijuana. Physical addiction can cause the following in individuals:

    • Aggression
    • Cravings
    • Difficulty falling asleep
    • Insomnia
    • Loss of appetite
    • Raise in body temperature
    • Restlessness
    • Sweating

    If you or anyone you love is currently struggling with a marijuana addiction, we can help. Our American Addiction Center hotline operators can walk you through the treatment process and answer any questions you may have.

    You are not alone.

    If you want to quit, reach out for help today.

    Marijuana Treatment

    Since marijuana affects people differently, treatment also needs to be individualize. Marijuana affects a person’s psychology and, therefore, treatment tends to focus on talk therapies. [5] The mental reasons we use marijuana are often very personal and need to be identified on an equally personal level.

    Keep in mind that a treatment facility should be customized to your needs rather than vice versa. Depending on where you go, the way in which the facility goes about treatment may differ. However, most reputable facilities will offer similar steps during treatment. These include:

    1. Medical Assessment

    A reputable rehab follows protocol and first offers patients a complete medical evaluation upon intake. This will involve drug tests, interviews, and a full medical and family history. This data is neededin order to discover the best course of treatment for you.

    2. Detox

    People go through detox when withdrawal symptoms are very strong and require medical supervision. Since marijuana’s physical withdrawals usually aren’t strong, you might not need to go through this step. Chronic smokers and those who use marijuana with other drugs can benefit from detox to flush out their system.

    3. Psychological Treatment

    When it comes to treatment, counseling is the most important step. Many people use cannabis as a means of relieving emotional stress or handling day-to-day life. The goal of psychological treatment is to change your thoughts, patterns, and beliefs. As mentioned, talk therapy is often the most common and effective therapy option when it comes to marijuana. This therapy will be a combination of individual and group counseling.

    4. Educational Sessions

    During treatment, it’s important to be enrolled in educational sessions which teach you about addiction. Learning about how drugs affect the brain can help you stay away from them in the future! The importance of this is to make you aware of the dangers and penalties which can arise through an addiction. It also hopes to prevent you from relapse.

    5. Supportive Services

    Most treatment facilities off supportive services. These include vocational training, housing assistance, financial assistance, legal assistance, and medical assistance. Not everyone will need this kind of help, but it should be in place.

    Your Questions

    Still have questions about weed in RI? If you have any further questions pertaining to marijuana laws in the state of Rhode Island or marijuana addiction and treatment, we invite you to ask them below.

    If you have any advice or information to share on these topics, we’d also love to hear from you. We try to reply to each comment in a prompt and personal manner.

    Reference Sources: [1] State of Rhode Island Department of Health: Medical Marijuana in Rhode Island
    [2] National Center of Complementary and Integrative Health: Health Benefits of Marijuana
    [3] NORML: Looking to Reform Marijuana Laws in RI
    [4] DMV.org: Rhode Island DUI & DWI Laws
    [5] National Institute on Drug Abuse: Is Marijuana Addictive?
    [6]Providence Journal: 3 of 5 in RI Support Legal Recreational Marijuana
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    View the original article at addictionblog.org

  • DUI Laws in Florida

    DUI Laws in Florida

    ARTICLE OVERVIEW:Have you recently been charged with a DUI in Florida? You’re not alone. We’ll let you know what happens in the legal process and how rehab might help. This article reviews laws penalties, and general legal procedures for DUIs in Florida.

    TABLE OF CONTENTS:

    DUI vs. DWI

    When people refer to a DUI, they’re saying “driving under the influence”. When people refer to a DWI, they’re saying “driving while intoxicated [1]. Both acronyms are used when someone drives under the influences of a psychoactive substance.

    In the state of Florida, there usually is no difference between a DUI or DWI. Both terms refer to alcohol or drug-related driving incidents.

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    If your blood alcohol content (BAC) is 0.08% or more or if you drive while impaired on drugs…you can be arrested. The legal BAC for anyone over 21 is 0.08%. If you’re under 21, then the legal limit is 0.02%. By not following these laws, you will be charged with a DUI or DWI.

    Some people become confused by the two definitions. Some states use a DUI when strictly discussing driving under the influence of alcohol while a DWI refers to driving while intoxicated on drugs. This is true in Florida, as well. What you’re charged with entirely depends on the county you’re in and the circumstances of your situation.

    Checkpoints

    In the state of Florida, you may run into a checkpoint while driving, especially on a night associated with partying, such as Friday or Saturday. Sobriety checkpoints give police permission to stop vehicles at specific, highly visible locations to see whether or not the driver is under the influence of alcohol or drugs. An officer may give out breath tests if s/he has a suspicion that the driver is intoxicated.

    What happens if you run into this situation?

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    If you’re pulled over, you’ll need to comply with the checkpoint protocol. If you refuse a test altogether, administrative license revocation or suspension laws give officers the right to arrest you. If your breathalyzer test reveals you have a BAC higher than the legal limit to drive, you’ll be arrested.

    Legal Process

    When arrested for a DUI, the Department of Motor Vehicles will suspend and take away your license. From there, you’ll be given the chance to a hearing in a court of law. The outcome of this hearing entirely depends on your situation. The following penalties are most common:

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    • Completion of DUI School
    • Delay in Driver’s License
    • Fine
    • Jail time

    Whatever penalty you receive as well as the charge already made against you will be placed on record. This is for the sake keeping Florida state courts informed if you were to be convicted again in the future. When you already have one DUI under your belt, penalties worsen upon consecutive DUIs.

    A “Wet Reckless” Plea Bargain

    Upon going to court, it’s in anyone’s best interest to lessen their offense. In Florida, many people attempt the plea bargain of wet reckless. This is a conviction of reckless driving involving alcohol and can result in lesser consequences [2].

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    A wet reckless is offered when:

    • No accident occurred.
    • The amount of alcohol was barely illegal.
    • The defendant has no prior DUI or criminal record.

    You’ll need to talk to a lawyer to see if you’re liable for a wet reckless. Though you’ll still have to pay some price for driving under the influence, this can be your opportunity to receive a lesser consequence, learn from your mistake, and make sure it doesn’t happen again.

    Misdemeanor or Felony

    The classification of your DUI will depend on the circumstances of your situation. Any DUI can result in either a misdemeanor or a felony. However, most DUIs are typically classified as a misdemeanor which results in:

    • A fine
    • Community service
    • Counseling
    • Jail time
    • Probation

    A case usually only results in a felony if someone else is either hurt or killed in an accident due to driving while under the influence of drugs or alcohols. However, it is helpful to know that DUI felonies and misdemeanors alike are divided into classes to better fit various crimes [3]. For example, if your DUI results in the death of another, you hold the great risk of a second-degree felony which can result in a $10,000 fine and 15 years in prison.

    1st DUI

    Like many states in the country, Florida wants to do all it can to prevent you from breaking the law in the future. Therefore, it’s in their best interest to teach you rather than punish you.
    Upon receiving your first DUI in Florida, you’ll receive a misdemeanor which can result in the following consequences [4]:

    • A 180-day to 1-year license suspension
    • A fine between $500 and $2,000
    • Jail time of up to 6 months
    • Required interlock ignition device

    2nd DUI

    Upon receiving a second DUI in Florida, you’ll again be charged with a misdemeanor which can result in the following consequences:

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    • A 5-year license suspension that can be reduced to 1 year
    • A fine between $1,000 and $4,000
    • Jail time of up to 9 months
    • Required interlock ignition device

    3rd DUI

    Upon receiving a third DUI in Florida, you’ll again be charged with a misdemeanor which will give you the following consequences:

    • A 10-year license suspension that can be reduced to 2 years
    • A fine between $2,000 and $5,000
    • Jail time between 30 days and 5 years
    • Required interlock ignition device

    Jail Time

    Will you receive jail time for a DUI in Florida?

    Again, it entirely depends on your situation. However, jail time IS a strong possibility. In fact, there’s a more likely chance for jail time if the following is attached to your DUI:

    • Someone was hurt due to your DUI.
    • You refuse checkpoint testing.
    • You enter a plea bargain.

    If you’re facing a first offense DUI, chances are your facing little to no jail time, up to 6 months maximum. If DUIs begin to pile up, then you’ll start to see heavier jail sentences. People tend to be at risk for a higher jail sentence for the following reasons:

    • They are under the age of 21.
    • The have a BAC over 0.15%.
    • They had a child under the age of 14 in the car.
    • They were driving over the speed limit.

    If your DUI is the cause of someone else’s death, you’ll automatically be charged under Florida Statute 782.071 with either vehicular homicide or manslaughter. If your offense is considered a 2nd degree felony, you will receive 15 years in a Florida State Prison. However, if it’s considered a 1st degree felony, you can receive anywhere from thirty years to life in prison.

    The best way to get an idea of how much jail time you’ll be facing, you will want to discuss the matter with a lawyer. As mentioned, jail time entirely depends on the circumstances of your situation. A lawyer will know these circumstances and have the ability to give you the best estimate.

    Classes and DUI School

    Within the Sunshine State, there are two types of DUI classes [6]:

    • Level I for first-time offenders with 12 hours of classes
    • Level II for a person with multiple offenses, a minimum 21 hours of classes

    The goal of DUI school is to teach you the dangers of driving under the influence and how to practice safe driving techniques. In Florida, the majority of these classes will not exceed 15 students, creating a more personal learning environment. For those who have multiple offenses, DUI school will focus on where that offender continuously makes mistakes and attempt to resolve the issue.

    The cost for DUI school varies from county to county. In order to get an idea of how much you’ll have to pay, you’ll need to call the DUI school of your county and ask. You can find a list of DUI programs within their respective counties here.

    To give you a general sense, first-time offenders are likely to pay around $275.00 for a DUI class while second-time offenders average around $420.00 for courses. [7] If you’re required to have either an ignition interlock device or a DUI special supervision service, your price will definitely rise. Furthermore, some DUI offenders must register with the Victim Awareness Program which costs around $45.00.

    Statute of Limitations

    In Florida, if you’re charged with a second degree misdemeanor or less, then the district attorney has 1 year to file charges. If you have a first degree misdemeanor, the district attorney has 2 yearsto file charges. A second degree felony gives the district attorney 3 years while a first-degree felony allows for 4 years.

    Those limitations mean if the prosecutors don’t file criminal charges within the timeframe, you won’t be prosecuted for your crime. The legal reason for a statute of limitations is to protect you from inaccurate prosecution. Eyewitness memory weakens over time, as does evidence.

    These statute of limitations are primarily for first-time offenders. Though a person who offends multiple times may run into the same statute of limitations, there’s a chance his or her statute lasts for a longer period.It should also be noted, the charge you receive for your crime will remain on your record for 75 years.

    Expungement

    DUI charges and convictions remain on your public record for 75 years in the state of Florida. Considering that a DUI will stay on your record for practically your whole life, many people look for expungement options.

    One option is to seal your DUI records. When you seal the record, you’ll prevent most private employers from gaining access to your records through employment background checks and hold onto your rights to not disclose the information. In order to request expungement or to seal your records, you’ll need to hire a DUI lawyer.

    DUI Lawyer Costs

    Most DUI situations that occur in the state of Florida will range from 6 to 12 months [8]. Attorney fees will average around $2,000 with other costs adding an addition $4,000+. Though the price you pay will depend on your situation, the average 6 month DUI case in Florida will cost you around $6,500.

    Furthermore, the type of lawyer you get will affect cost. Asmi-experience DUI lawyer will be cheaper than an experienced one. So, depending on your budget, you may want to consider your options.

    When considering these options, it’s important to remember that there will be other payments necessary while going through the DUI process. These payments include, but aren’t limited to:

    • Courts and fines which can add up to around $2,000.
    • DUI School which can cost you anywhere from $275 to $1,000.
    • Your insurance rates will go up to a potential $2,500 per year.
    • You might receive an ignition interlock device which can cost $500 or more.

    Is Rehab an Option?

    It’s in Florida’s best interest to offer people the help they need. DUI offender within the Sunshine state have the potential to benefit from drug courts. In these specialized courts, you’ll gain access to options for treatment and rehabilitation rather than traditional penalties.

    The overall purpose of a drug court is to:

    1. Decrease the likelihood of a criminal re-offending and drug abuse amongst those who offend.
    2. Increase the chances of offenders successfully reach sobriety through treatment.

    It’s important to note that drug courts aren’t open to everyone who receives a DUI. If your DUI is classified as a felony, you’ll most likely not be allowed access to a drug court. However, if you’ve only received a misdemeanor, it may be an option for you.

    In order to find out, you’ll want to speak with your lawyer for more information.

    Your Questions

    Have any questions about DUI laws in Florida? Or do you have any questions about how to get treated for alcohol addiction? If yes, don’t hesitate to ask! We try to respond to each comment in a prompt and personal manner.

    Reference Sources: [1] NHTSA: Drunk Driving
    [2] Online Sunshine: The 2018 Florida Statutes
    [3] DMV Florida Traffic Laws: DUI
    [4] Driving Laws: Florida Drunk Driving Fines & Penalties
    [5] Florida Highway Safety and Motor Vehicles: DUI and IID
    [6] Florida Highway Safety and Motor Vehicles: Licensed DUI Programs in Florida
    [7] Florida Safety Council – DUI Courses
    [8] Laywers.com: Does a DUI Lawyer Give You a Better Outcome? Is It Worth the Cost?
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    View the original article at addictionblog.org

  • Sober Living Options in California

    Sober Living Options in California

    ARTICLE OVERVIEW: Sober homes can be the bridge you need between treatment and daily life. But how do you find the right one to accommodate your needs? We review sober living standards in California here. Then, we invite your questions at the end.

    TABLE OF CONTENTS:

    Definitions

    In order to find the right sober living home, it’s important that you know what it is first. This way, you can know what to expect and what to avoid. In the state of California, a sober living home is a supervised place to live. Sober homes are communities of people who decide to live together in a drug-free environment. People rent these homes the way they would rent an apartment under a landlord-tenant arrangement.

    It should be noted that this landlord will NOT offer any kind of drug addiction treatment. Sober living is NOT drug treatment. Rather, it’s a place where people go after treatment in order to avoid relapse and continue pursuing a sober and healthy life. [1] Within the Golden state, you’ll find three basic types of housing:

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    Sober Living in California

    Sober living is when you live in an alcohol and drug free environment. These apartments, houses, and rooms offer peer support for recovery outside the context of treatment. In order to qualify, you simply must pay rent, purchase your own necessities, and be a supportive member of the community.

    You don’t have to go to rehab to join a sober living community. The essential characteristics of this type of housing include:

    1. No formal treatment services.
    2. Strong encouraged attendance at self-help groups.
    3. Personal responsibility for financing rent.
    4. Long-term stay as long as you comply with house rules.

    Sober living has its origins in the state of California. However, it is difficult to know how many sober living homes there are in California because they do not need to report to state licensing agencies. Still, many are affiliated with coalitions or associations that monitor health, safety, quality and adherence to a peer-oriented model of recovery such as The California Association of Addiction Recovery Resources (CAARR) and The Sober Living Network.

    Halfway and ¾ Way Houses

    Halfway and ¾ way houses are transitional accommodations. You live in a shared living space, often managed and supervised by others. In order to qualify for this kind of an arrangement, residents must either have completed or be actively involved in a treatment program.

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    What’s it like? When people enter these houses, they’re living in a drug-free environment.
    However, there is more or less supervision in this type of sober housing than other options on our list. For example, if you decide to sleep elsewhere, you can expect to have to take a drug test the following day.

    Halfway houses can be funded by the government. Plus, there are many residents who are court-ordered to remain a resident for a certain period of time. People who stay in these homes usually do so for about 12 months.

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    A ¾ way house is a transitional living situation that is good for people who need a little more help before being 100% on their own. Most people who seek this option need more time before moving out on their own.

    House Rules

    According the California State Library, the house rules set up in a sober living house must be respectful to the residents, the neighbors, and the community. [2] These rules will vary from house to house. In order to truly know the rules of your house, you’ll want to ask either the landlord or check out the website of the house itself.

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    Common rules for sober living homes within California are as follows:

    1. No alcohol or drug possession or use allowed on and off the premises. In order to make sure this rule is followed, you may be asked to take frequent drug tests (often at random) and, if you refuse to take one, you’ll be discharged.
    2. No guests or visitors allowed on the premises without the consent of a staff member. Overnight guests are never allowed.
    3. In order to keep the sober living home sanitary, each resident must complete a daily chore. In order to make sure the home remains functional, you’ll have a curfew.
    4. All residents must attend one weekly meeting and daily self-help meetings.
    5. You’ll be encouraged to find and maintain a job. If you do not have one, you’ll be encouraged to seek out employment for certain period of time.
    6. Residents are not allowed to borrow money from others. If you’re caught stealing, you’ll immediately be discharged.
    7. No pets allowed, though some houses will allow self-help pets.
    8. Rent and other fees must always be paid on time.
    9. Though you won’t be monitored, it’s highly encouraged you keep your medical and mental health appointments and take your medication as prescribed.
    10. Cigarette smoking is only allowed in specific smoking designated areas.
    11. Many houses will allow for a 48-hour overnight pass on a monthly basis. In order to qualify for this, you must need to request permission in advance. Upon your return, you should expect to be asked for a drug test.
    12. No fighting nor gambling allowed.

    Though these rules seem strict, the purpose of them is to get your body and brain in a new rhythm. By doing a lot of activities, you’ll better be able to keep your mind off cravings. Plus, you’ll be practicing healthier alternatives. You’ll begin to understand what life can be like without drugs…and be encouraged to continue your new life.

    What Sober Living is Really Like

    Sober living is like living in a dorm with people in addiction recovery. Why do most people agree to enter this type of housing? When you leave drug addiction treatment, it can be difficult to jump back into life. Plus, you may still experience cravings for your drug-of-choice. Even though you’ve gotten rid of the chemical within your body, your brain still has ways of fantasizing about the high [3].

    The purpose of entering a sober living home is to have support in recovery. Some people benefit from planting new roots. Others benefit from being away from home. Either way, a drug-free environment can help you better understand how to stay sober…. while receiving help from a support system of people in the same boat.

    According to the Journal of Psychoactive Drugs, 40% of sober living home participants remain sober during their 6 month period in the sober home. [4]

    But living in a sober living home isn’t always easy. Being surrounded by a new cast of people under one roof with very strict rules can be intimidating. Plus, you’ll need to agree to a certain set of rules. However, everything about a sober living home is set up to help you maintain your sobriety.

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    Day–to-Day Life

    You can expect to wake up around the same time as everyone else. In the morning, you’ll have a number of chores to do which include, but aren’t limited to:

    • Cleaning your room or the shared bathroom.
    • Doing laundry.
    • Helping with breakfast.
    • Making your bed.

    By the time you complete your morning chores, you’ll then go to work if you have a job. If you don’t, then you’ll actively search for a job. It’s during these work hours when many residents will complete counseling sessions, go to doctor’s appointments, and perform community service.

    By the time the evening rolls around and everyone has completed their responsibilities, you can expect a support group session, social activity, and dinner. These vary depending upon where you live. In order to get a clearer sense of these activities, you’ll want to talk to your landlord.

    By the time night comes, you’ll have the opportunity to enjoy some entertainment. Whether you’d like to read a good book or enjoy the latest Netflix has to offer, this is the time for you to relax. Everyone will then go to bed around the same time and, though it varies, most sober living homes will have lights out around midnight.

    Finding a Sober Home

    Now that you’ve learned about most of the benefits of a sober living home, you might be wondering where to find one. There are a number of options at your disposal:

    1. Request a Referral from a Treatment Facility

    Reputable treatment facilities will have connections to sober houses and may even offer you options for living in a sober house as an aftercare service. In order to receive this information, you’ll want to discuss the matter over with your case manager BEFORE leaving the treatment facility. This is for the sake of making sure there is room in the sober home and that you will have access to all they have to offer RIGHT AFTER YOUR TREATMENT.

    2. Request a Referral from a Mental Health Professional or Center

    As part of your drug addiction treatment, you may be seeking out a mental health professional. If so, this is a great time to ask them of connections they have to a sober living facility.

    3. Visit the National Alliance for Recovery Residences

    This non-profit organization aims to support people who are in the recovery process by giving them access to sober homes. You can check out their recommendations through their California Consortium of Addiction Programs and Professionals page or their Sober Living Network page. Both links offer contact information.

    4. Check Out a List of Certified Recovery Residences

    Laws

    Within the state of California, there are specific laws when it comes to regulating and operating sober living homes. By gaining knowledge of these laws, you’ll have the ability to better determine which sober living home is most reputable in accordance with the state.

    Fair Employment Housing Act (1959)

    Summary: Forbids discriminations within housing based upon disability. In turn, houses must provide reasonable accommodations or modifications for those with disability on the premises.

    Government Code 65008 (a), (b), and (d)(2)

    Summary: Forbids discrimination in terms of zoning laws against those of disability. Whether it be single-family or multi-family residences, people with disability are protected.

    City of Santa Barbara v. Adamson, 27 Cal. 3d 123, 134 (1980)

    Summary: Before this trial, there were laws set into place which placed a limit on the number of unrelated people who were allowed to live within a single house-keeping unit. Before the law, only those of “family” based (blood, marriage, and legal adoption) could. This case determined these ideas violated the rights to privacy under the state constitution.

    86 Opinions of the Califonria Attorney General 30 (2003)

    Summary: The California Attorney General developed the opinion that communities had a right to prohibit lodging houses in residential areas. Since this opinion was released, numerous cities have used it to limit the development of sober living homes.

    Licensing

    Under California law, you do not need a state license in order to run a sober living home [5]. This is due to the Fair Housing Act making it so that rental homes cannot discriminate against those with a disability.

    Still, after the 2003 California Attorney General’s opinion, many cities are placing rules of their own against sober living homes. When you’re seeking out a sober living home in a specific location, you’ll want to look up the specific rules and regulations of both your city and county.

    Federal Oversight and Regulations

    In accordance with the federal government, a sober living house does not provide treatment. Rather, they provide an aftercare service and a place where people can support one another in sobriety. With that, they are not a licensed facility under the state. Depending on their size, they may be subjected to building and fire safety codes.

    State Oversight and Regulations

    As mentioned, California does not require a license to run a sober living home. The laws surrounding sober living state that places which offer the accommodations cannot discriminate against people of disability. Again, you may find that there are areas in which you will not find sober living homes due to the 2003 California Attorney General’s opinion. In order to get a clear sense of where you can find a sober living home, you’ll want to look up specific rules and regulations for specific cities and counties.

    Local Oversight and Regulations

    Throughout California, there are a variety of instances where local government are seeking to better regulate sober living homes. For example, in January 2013, the Los Angeles City Council sent a proposition from the Community Care Facilities Ordinance to the committee for further review [6]. If this had gone through, any home within a single-family zone would be viewed as a boarding house. This is prohibited within all residential zones under existing legislations. In another example, a number of sober living homes were removed from the city of Newport Beach. [7]

    How to Report a Sober House

    If you have suspicion that you sober house is committing a crime, fraud, has improper management, you can call a toll free hotline in the State. This hotline is that of California’s State Attorney’s Office. It’s open to both residents of a sober home and doctors/counselors to report questionable business practices.

    1-800-288-3212

    You may also check out the contact information on the Attorney General’s website to reach out for a more specific concern: https://oag.ca.gov/contact

    Your Questions

    By entering a sober living home, you’ll find yourself active in recovery process. In turn, this will help you focus on important areas of your life and your health. Furthermore, you’ll find that a sober living home is a more welcoming transition into everyday life compared to simply leaving recovery. Again, it’s the bridge that connects treatment and the real world. But to get into a sober living home is a big decision.

    With that, you may still have questions concerning sober housing in California. Please post your questions in the comments section below. We try to personally and promptly respond to all legitimate questions.

    Reference Sources [1] SAMHSA: Recovery Homes Help People in Early Recovery
    [2] California State Library: Sober Living Homes in California: Options for State and Local Regulation
    [3] National Institute on Drug Abuse: Health Consequences of Drug Misuse
    [4] US National Library of Medicine: A Clean and Sober Place to Live
    [5] Select California Laws Relating to Residential Recovery Facilities and Group Homes
    [6] City of Los Angeles RE: Community Care Facilities Ordinance
    [7] The Orange County Register: Costa Mesa doubles down on sober-living home restrictions
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    View the original article at addictionblog.org

  • Marijuana Laws in California

    Marijuana Laws in California

    ARTICLE OVERVIEW: This article outlines current marijuana laws, regulations, and penalties in the state of California. Your questions are welcomed at the end.

    Table Of Contents:

    Is Marijuana Legal?

    Marijuana is legal for medical and recreational use in California. The Adult Use of Marijuana Act,or Proposition 64, legalized recreational use of cannabis in November 2016 to anyone over the age of 21. The Compassionate Use Act of 1996 legalized medical use of marijuana to those over 18 with a proper medical card. Both of these acts continue to be in effect.

    However, it’s important to remember lawmakers are still trying to figure out how to make legal cannabis work.

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    In fact, legalization a new concept to the country as a whole; many laws are constantly changing.The truth is the state is still figuring out the logistics. For example, it was recently reported that a law is currently in the works to expunge prior convictions or decrease ongoing sentences for prior marijuana charges. [1] The law isn’t yet in effect as the bill still requires a signature from Governor Jerry Brown. You can follow updates concerning this issue here:

    In addition, there have been struggles regulating cannabis business. In July 2018, new standards were set for labels, packaging, and distribution. [2] When this law was enacted, legal marijuana stores had to get rid of their entire supply and wait for a new one to come in. This was a big hit to people who were purchasing cannabis regularly and, in turn, caused a flood back into the illicit market.

    Marijuana Laws in California

    In terms of the laws set under the Adult Use of Marijuana Act, the state allows the following:
    • For cannabis to be consumed in a private location.
    • For people to hold a maximum of 28.5 grams, or about an ounce.
    • For people to hold up to 8 grams of concentrates.
    • For people to cultivate up to 6 plants per residency.

    What the state doesn’t allow is the following:

    • Consumption of cannabis in public.
    • Manufacture without licensing.
    • Operation of a vehicle while under the influence.
    • Smoking or ingesting cannabis while you’re a passenger in a vehicle.
    • Possessing, ingesting, or smoking marijuana within 1,000 feet of a daycare, school, or youth center while children are present.

    It should be noted, though marijuana is legal in the entire state of California, only 18 of 58 counties in the state allow legal marijuana businesses and cultivations on a business scale. Therefore, those who reside in the other 40 counties run much higher risks as marijuana is only obtainable through illegal means.

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    Furthermore, since cannabis remains illegal on a federal level, you aren’t allowed to travel from California with marijuana through state lines. So, marijuana possession can be charged as a crime if you leave the state unless the state you enter directly has legalized cannabis as well, such as Oregon or Nevada.

    Penalties

    There are regulations that serve as the backbone to marijuana laws and are meant to keep people safe and responsible when consuming. Furthermore, legality doesn’t mean the drug is safe. Just like alcohol, marijuana comes with side effects which are often overlooked. Here you can find a list of possession penalties, but keep in mind the regulations are subject to change.

    1. Possession penalties

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    1.1. Possession of up to one ounce (28.5 grams) of cannabis or 8 grams of concentrate

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    1.2 Possession of more than one ounce (28.5 grams) of cannabis or 8 grams of concentrate.

    1.3 Possession of up to one ounce (28.5 grams) of cannabis or 8 grams of concentrate upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1-12, inclusive, during the hours the school is open for classes or school-related programs

    1.4 Possessing, smoking, or ingesting cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present.

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    1.5 Possession of cannabis for sale

    1.6 Possession of an open container or package of cannabis or cannabis products while driving, operating, or riding as a passenger in a motor vehicle, boat, aircraft or other vehicle used for transportation.

    Marijuana DUI

    Driving under the influence laws for marijuana work very similar to DUI alcohol laws. The only difference is law enforcement measures alcohol through blood alcohol concentration, or BAC, whereas they have no way of measuring a cannabis high. Therefore, having any amount of cannabis in your system can result in a DUI as the result of marijuana consumption.

    NOTE HERE: Sometimes, house arrest or work programs are alternate sentences for jail time. Additionally, you might be a candidate for drug court and seek alternate sentencing in the state.The penalties for DUI of marijuana offenses in the State of California are as follows [3]:

    1st-Time Offender

    • A fine between $390 and $1,000.
    • Jail time of anywhere between 48 hours and 6 months.
    • License suspension of up to 6 months.
    • 3 month DUI school or 30 hours of classes.
    • Up to 3 years of probation.

    2nd-Time Offender

    • A fine between $390 and $1,000.
    • Jail time of anywhere between 96 hours to 1 year.
    • License suspension of up to 2 years.
    • 18 to 30 months of DUI school.
    • Up to 3 years of probation.

    3rd-Time Offender

    • A fine between $390 and $1,000.
    • Jail time of anywhere between 120 days to 1 year.
    • License suspension of anywhere between 1 to 3 years.
    • 30 months of DUI school.
    • 3 to 5 years of informal probation.

    These penalties become more severe if your DUI results in someone else’s injury. Depending on the situation, you could be charged with a felony which results in a fine upwards of $5,000 and/or risk 16 months to 4 years in prison.If your DUI caused a fatality, you will be prosecuted under vehicular manslaughter or other of the state’s murder laws. Even if the death was a result of an accident. This can lead you into a 15-year to life prison sentence.

    Views on Marijuana

    As discussed, there are 40 counties within California which consider it illegal to run a marijuana business or cultivation. With this in mind, we begin to see that the whole state doesn’t have the open opinion to cannabis as we might expect.

    For example, just because marijuana is legal doesn’t mean employers want to see it show up on adrug test. In fact, depending on the company, your cannabis consumption might cost you a job. This isn’t the case for every job. Some companies will allow you to use weed as long as you don’t get high on the job. But any job that requires operation of machinery can legally require clean drug tests.

    Another example, just as with alcohol, parents who consume cannabis are at risk when it comes to child custody laws. It all depends on the situation your case finds itself in. If a judge or jury finds your child or children are at risk due to your marijuana use, police records will be sought out from the following:

    • Law enforcement agencies
    • Medical facilities
    • Social welfare agencies
    • Third-party eye-witness(es)

    The court has a right to do this under California Family Code 3011. Furthermore, they have the right to drug test you if they’re suspicious of your child’s safety. At the end of the day, courts are looking out for your children and their well-being. Their two main concerns when it comes to cannabis consumption are:

    1. The harm caused to parents due to drug exposure.
    2. The harm caused to children due to drug exposure.

    With all this in mind, it’s understandable that not everyone has the same views when it comes to cannabis. Just because it’s legal doesn’t mean you’re guaranteed specific rights. It’s important to look into these matters before deciding to recreationally consume.

    Is Marijuana Addictive?

    Yes! Contrast to popular belief, marijuana has addictive qualities. Due to the fact that THC – the chemical in cannabis which gets you high – is psychoactive, people will feel physical addiction symptoms and more dominant mental addiction symptoms.

    How do you know if you’re addicted, or not?

    To begin, you can look at the physical signs. Not everyone who consumes cannabis will have these traits as the drug effects everyone differently. Furthermore, it’s unlikely someone will be addicted to cannabis if they smoke on rare occasions, such as once every few months. Chronic, daily users begin to manifest some of the following signs:

    • Aggression
    • Cravings
    • Difficulty falling asleep
    • Difficulty sleeping
    • Loss of appetite
    • Raise in body temperature
    • Restlessness
    • Sweating

    Most of marijuana’s addictive qualities take place within the brain. Its psychoactive factors are very similar to other hallucinogens such as LSD due to the fact that it heavily affects emotions and mentality. The risks include:

    • Anger
    • Anxiety
    • Depression
    • Difficulty concentrating
    • Irritability
    • Mood changes

    Though the short-term effects have their consequences, long-term cannabis use brings much greater risks. [5] Especially, when marijuana consumption starts at a younger age.

    In a study done in New Zealand, it was found that tenacious marijuana use from adolescence to adulthood showed a loss of 6 to 8 IQ points. The study found that those who smoked during adolescence then quit upon becoming an adult never regained those loss IQ points. However, those who didn’t smoke during adolescence but started a persistent habit during adulthood never lost said IQ points.

    Regular marijuana also has a tendency to bring upon withdrawal symptoms that can last for weeks. This is when the body and brain react to a lack of THC and improperly function without the chemical. Though cannabis withdrawal symptoms aren’t as strong as other drug withdrawals, such as heroin, they are real. So, if you are dependent on marijuana, you can experience the following when you try to quit:

    • Abdominal cramps
    • Aggression
    • Anxiety
    • Chills
    • Cravings
    • Headaches
    • Irritability
    • Lack of concentration
    • Lack of focus
    • Loss of appetite
    • Mild depression
    • Mood swings
    • Nausea
    • Restlessness
    • Sleep disorders
    • Sweating
    • Weight loss

    If you or anyone you love is currently struggling with a marijuana addiction, there are available resources to help you. Feel free to give us a call. Our hotline operators are ready to talk with you about medical treatment options.

    Marijuana Treatment

    Luckily, there are options available for marijuana treatment. It works a bit differently compared to other drugs considering the psychological implications of the addiction. Cannabis addiction treatment works in the following 5 steps.

    1. Medical Assessment

    When you enter a reputable rehabilitation facility, you’ll be given a medical assessment as a means of determining the best course of treatment for you. This usually includes drug tests, interviews, and a full medical and family history.

    2. Detox

    Not everyone who enters rehabilitation for marijuana treatment will required to go through detox. It can be helpful to certain individuals – especially those who chronically smoke or for those using other drugs in combination with weed – but it isn’t necessary for everyone. During detox, you’ll receive professional assistance in “weening” off the drug through monitoring of your health and aid in relieving certain symptoms.

    3. Psychological Treatments

    Talk therapy is the most important aspect of marijuana treatment. During rehab, you’ll learn how to get through day-to-day life without the use of cannabis. This is done through a change in thoughts, patterns, and beliefs. Once you identify your unique thought processes, counselors can help provide you with alternative ways of thinking and behaving without marijuana.

    4. Educational Sessions

    After or during psychological treatment, you’ll be enrolled in educational sessions which teach you about addiction. This is vital as those who are addicted tend to not be aware as to how addiction affects them.

    5. Supportive Services

    Within reputable treatment facilities, supportive services are offered. These include vocational training, housing assistance, financial assistance, legal assistance, and medical assistance. Just as with detox, not everyone will need this part of treatment. However, it’s there for those who can benefit from it.

    Your Questions

    Still have questions?

    Wondering if you need to quit?

    If you have further questions about marijuana laws or marijuana addiction treatment, we invite you to ask them below. If you have any further insight or advice for people, we’d also love to hear from you. We try to reply to each comment in a prompt and personal manner.

    Reference Sources:[1] NPR: California law would expunge many marijuana related crimes
    [2] Cannabis Regulations in California State
    [3] DUI penalties for California
    [4] SHRM: Can CA Employers Still Test for Marijuana?
    [5] NIDA: What are Marijuana’s Long Term Effects on the Brain?
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    View the original article at addictionblog.org

  • Sober Living Options in Mississippi

    Sober Living Options in Mississippi

    ARTICLE OVERVIEW: A sober living home provides a supportive drug-free environment. But where do you start to look for housing? We review your sober living options in Mississippi and state regulations that support your recovery here.

    TABLE OF CONTENTS:

    Federal and State Laws

    Sober living is supportive housing for people in addiction recovery. The purpose of a sober living home is to provide a support system and a drug and alcohol-free environment. The overall goal is to create a bridge between treatment and everyday life. The idea is that the transition to real life can be smoother … this helps prevents relapse.

    In order to best understand your rights, it helps to know some basic federal and state laws. There are two federal laws which pertain to sober living homes. They are:

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    1. The American with Disabilities Act, the ADA

    This law states that “reasonable accommodations” must be created for those with disabilities (this includes those struggling with drug addiction and mental health) either through the state, city, or the homeowner.

    2. The Fair Housing Act , the FHA

    This law states that anyone who actively seeks out recovery housing will not be discriminated against based on national origin, religion, gender, family status, or disability. Disability includes those recovering from both mental health problems and substance abuse.

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    When it comes to specific laws within Mississippi concerning sober living options, the laws vary from county to county. Even more so, from town to town. For example, in the city of Waveland, you need proper zoning ordinances – especially within single-family neighborhood zoning districts – to propose a sober living home [1]. In other cities throughout Mississippi, there are similar measures which need to be taken under a regulation known as “Adult Care Home” [2]. Additionally, specific licensing is required in order to have a sober living home in Mississippi (see below).

    Sober Living in Mississippi

    It’s important to note that you don’t need to be leaving a treatment facility in order to enter most sober homes in Mississippi. Most people are eligible to join a drug-free community in the state. As long as you pay the rent and follow the house rules, you’ll be accepted.

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    The purpose of this living situation is to help you develop self-discipline and works towards living drug-free on your own.

    If you believe you’d like to get involved in a sober living home, you’re going to need the right attitude. Since Mississippi’s law has a zero-tolerance policy when it comes to drugs, many sober living homes also have strict guidelines. [3] You must be committed to recovering from drug addiction in order to make the most of your experience there. If you’re interested in finding a sober living home within Mississippi, see below for more details.

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    Halfway and ¾ Houses

    As you search for sober living homes, you’re going to come across homes which identify as either a halfway or ¾ house. It should be noted, there are a number of halfway and ¾ houses which are government-funded. [4] While this isn’t always the case, you may be housing with people who are ordered to be there by the court.

    The biggest difference is that halfway houses may require that you’ve completed OR are actively enrolled in rehab. Plus, most people stay at a halfway house for no more than 12 months.

    However, there is no official limit set to how long you’re allowed to stay. Since it’s in everyone’s best interest to allow you to transition when you’re ready, you’re allowed to maintain residency until you feel disciplined enough to stay sober in the real world.

    When entering a halfway house or ¾ house, you should know there’s less supervision in comparison to a treatment facility. The idea is for you to learn how to discipline yourself while surrounded by a supportive, drug-free environment. This means you’ll have to start seeking out work and get into a schedule you can commit to when you leave the sober living home.

    Still, there will still be some supervision, for sure. For example, you’ll be required to submit to random drug tests from time to time. If you fail a drug test, you’ll be asked to leave the home.

    House Rules

    Each sober living house will come with its own set of rules. In order to get a sense of the particular rules in terms of your sober living home, you’ll want to speak to your landlord.

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    In the state of Mississippi, there are common rules which span across ALL sober living homes. It’s important to remember that the state has a zero-tolerance drug policy. So, house rules regarding drug use and possession must be followed strictly.

    Mississippi sober living rules often include:

    1. No alcohol or drug possession or use is allowed on and off premises. In order to make sure this rule is followed, you may be subjected to take frequent drug tests often at random and, if you refuse to take or fail one, you’ll be automatically discharged.

    2. To be 100% drug-free, some residences don’t allow certain types of mouth wash or cooking ingredients, such as vanilla.

    3. There will be regular meetings scheduled which you MUST attend. These meetings are made to check in with everyone and work through emotional difficulties anyone may be facing. You’ll also be assigned chores and, if you have any questions concerning the sober living home, you’ll receive answers.

    4. There will be a curfew. You’ll need to meet curfew or face warning and then removal. This rule may be waived if a resident has certain commitments to responsibilities such as work or school. However, it’s only waived if the resident has been there long enough. Furthermore, you can expect to receive a drug test if you’re waived from the curfew.

    5. A bathroom schedule may be set in place in order to accommodate with everyone. This means you’ll be assigned certain times to shower or other necessities, such as brushing your teeth.

    6. You’ll be assigned chores which include cleaning or prepping meals.

    7. You’ll have your own personal treatment goals. Most sober living homes require residents to develop a plan and meet with a staff member on the development of this plan. The goal is to evaluate your progress towards this plan over time.

    8. Most sober living homes require you to be active in a 12-step meeting. Some will provide you with these meetings within the home itself, while others will ask you go out to the community and become involved with one.

    9. Any cigarette smoking or vaping must take place in a designated smoking location.

    10. You cannot have sexual contact of any kind with another resident.

    11. You will be penalized for stealing from the house or destroying the property. You’ll also face 12. consequences for engaging in violent activity.

    12. Rent and other fees must be paid on time.

    13. No pets allowed, although some sober living homes allow for self-help pets.

    14. No gambling.

    These rules will be strictly enforced, but for good reason: to get your body and brain in the right rhythm for the real world.

    What Sober Living is Really Like

    Sober living is like dormitory style housing with strangers who are on a similar path to recovery. You’ll live with people of the same gender and get to know them really well. You go to sleep and wake up at the same time. Often, you’ll share meals together. And you might even go to group therapy with your roommates or housemates.

    A sober living home provides you with a set of rules but and a rigorous schedule. Though there are many difficulties when residing in a sober living home, there are many more positive outcomes. You’ll learn to develop new habits and hobbies which can help you beat drug addiction for good. [5]

    Upon entering a sober living home, you can expect to continue making the change you started in treatment. The change of living a sober, drug-free life. And you can expect to learn to do so through such the guidelines and expectations of the sober living home. If things ever become too difficult, you’ll be surrounded with supportive people, many of who are in the same boat as you.

    Day-to-Day Life

    The day-to-day life in a sober living home varies from house to house. Just as with the house rules, no two homes work equally and, therefore, you’ll want to ask your landlord to learn more about what to expect on a day-to-day basis.

    EARLY MORNING: Upon waking up in the morning, you will have to complete one or more chores you’ve been assigned. This can include anything from cleaning to preparing breakfast. You’ll want to make sure you’re always on top of your chores and be aware if any new ones are added to your list.

    LATE MORNING: As the morning comes to an end, you’ll be expected to go to work. If you don’t have a job, then you’ll be required to actively seek one. Not only is this to make sure you can provide for your rent but also to get you in an active mindset. It’s been proven that activity such as a job is a key factor in preventing relapse [6].

    AFTERNOON: You’ll probably spend the afternoon at work. But if you have a doctor’s appointment, counseling meeting, or community service to complete, you’ll also be expected to do so at this time.

    EVENING: By the time you return home in the evening, you will find yourself in a self-help meeting – either as a group or on an individual basis. Afterward, you’ll have various social activities to participate in. The evening can also include a communal dinner.

    As nighttime approaches, you’ll have the opportunity to indulge in some entertainment. This is YOUR TIME and you can do with it as you please – whether it’s watching a movie, listening to some music, or jotting down thoughts in a journal. The time is up to you! Most sober living homes will have a time for when lights go out. This tends to be around midnight.

    Finding a Sober Living Home

    There are a number ways to find a sober home in Mississippi. A quick Google search of your specific area will give you plenty of options alone. However, it’s important to make sure you discover a reputable sober living home which is just as concerned with your journey to sobriety as you are. In order to do so, you may want to look towards the following resources:

    1. Non-profit organizations

    The website ProjectKnow is a search engine for sober living homes within various states across the U.S. It’s a trustworthy source which features reputable homes for your convenience. You can view Mississippi Sober Homes or look to this non-profit for more info on Mississippi Transitional Housing. Throughout your search, you may be suggested the organization known as the National Alliance for Recovery Residents (NARR). It’s important to note the state of Mississippi is not currently an affiliate of this organization.

    2. Oxford House

    Oxford House is a self-run, self-supported recovery house program for individuals recovering from alcoholism and drug addiction. The program provides sober living homes which assure an alcohol and drug-free environment. Within most houses, you’ll find between 6 to 11 individuals – either all men or all women. There are even houses which accept women with children. For a list of Oxford Home vacancies, visit their website.

    3. Request a Referral

    Your rehab or addictions counselor may know of reputable sober living homes in your area. Ask for a referral. If you’d like more information, you’ll want to talk around. Make sure to do so BEFORE leaving the treatment facility as you’ll want to make sure there’s room in the sober living house the day your treatment ends.

    Licensing

    Are sober homes regulated in Mississippi?

    No. Currently, there are no licensing regulations when it comes to running a sober living home in Mississippi. However, licensing laws are on the horizon.

    Early last year, the Scottsdale Independent reported of many sober living homes are getting away without a license due to the fact they aren’t a “health care institution”. [7] Due to this, there talk about the necessity of a license in order to provide such accommodations to recovering people struggling with drug or alcohol addiction.

    However, when it comes to zoning for a sober living home, certain licenses are required. [1] There are specific cities which require zoning ordinances within single-family residences in order to provide the accommodations of a sober living home. If you are seeking to start a sober living home, you’ll want to check out your local ordinances.

    How to Report a Sober House

    You may be suspicious of your sober living home committing a crime, fraud, or having improper management. If so, there’s a toll free hotlines available under the Mississippi Office of the Attorney General. [8] To report a sober house in Mississippi, call:

    1-800-281-4418

    You may also visit the official website for more information: http://www.ago.state.ms.us/

    Your Questions

    A sober living home is a great way to make sure you stay on track in recovery. It’s a bridge which helps you transition from addiction recovery back into everyday life. But to get into a sober living home is a big decision. And you may have more questions before you make such a commitment.

    If so, we invite your questions in the comments section below. We also invite comments which provide more details on sober living homes in Mississippi. We try to reply to each legitimate question in a prompt and personal manner.

    Reference Sources: [1] Zoning Ordinance of the City of Waveland, Mississippi: Ordinance #349
    [2] City Council Report: Item 27
    [3] Mississippi Department of Mental Health, Bureau of Alcohol and Drug Abuse: FY 2011 State Plan
    [4] J Psychoactive Drugs: A Clean and Sober Place to Live: Philosophy, Structure, and Purported Therapeutic Factors in Sober Living Houses
    [5] J Psychoactive Drugs: What Did We Learn from Our Study on Sober Living Houses and Where Do We Go From Here?
    [6] Yale J Biol Med: Relapse prevention and the Five Rules of Recovery
    [7] Scottsdale Independent: Scottsdale dips into sober home regulations through new spacing requirements
    [8] USA.gov: State and Local Consumer Agencies in Mississippi
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    View the original article at addictionblog.org