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Tag: drug laws

  • Traveling with Prescription Medication? Here's What You Need to Know

    Traveling with Prescription Medication? Here's What You Need to Know

    Even non-controlled drugs may be regulated. Make sure to investigate the status of all your medications, prescription or otherwise. Don’t risk your vacation turning into an extended stay at a prison camp.

    The first time I flew to Canada, I was petrified about getting through customs and security. My fear was not from venturing into a new country, but from the controlled prescription drug I had tucked away in my carry-on bag. I had just filled the Adderall prescription at my local pharmacy, and I’d asked the clerk if I needed to carry the whole bottle or if I could just bring my pill carrier with the number of pills I needed for the trip (I was only staying four days). 

    “Oh no, honey,” she said, “this is a controlled substance, you probably have to declare it at the border.” DECLARE it? I was so scared going through security the next day that I’m sure the extra pat-down after the body scan was due to my nervous and probably suspicious behavior. 

    Fast-forward a year later and my daughter, who inherited my ADHD, was set to go on a trip to Japan. She called me in a panic, talking about prohibited psychotropics, documents and signatures, and a 30-day restriction. She was going for six weeks and Ritalin was on a list of flagged drugs for the country. 

    So, what do you do in these situations? Google produces a myriad of results that may or may not offer the correct information. In fact, some of the crowdsourced question-answering sites turned out to have completely inaccurate information. Had we followed the instructions on one site I Googled, my kid’s medication would have been confiscated at customs and my daughter arrested by Japanese police—like Julie Hamp was in 2015.

    Below I’ve compiled some questions that my family and others have asked when preparing to travel with controlled prescription drugs. The answers I’ve provided are based on my experience and research, but no resource can address every possible situation and laws change over time, so no matter what you find here, ALWAYS double-check the information with the TSA website if traveling within the U.S., or the embassy of the country you are flying to outside the U.S. 

    1. What types of prescriptions are controlled? 

    Most medications that you should worry about are categorized as narcotics or psychotropics. Narcotics are drugs that may relieve pain, while also possibly making you sleepy or dulling the senses. The term often refers to opioid and opiate medications but could mean others such as benzodiazepines. Psychotropics “affect the mind, mood, or behavior.” 

    Ask your pharmacist if your medication is controlled. You can also find this information in the paperwork that comes with your prescription or on the prescription bottle. 

    (Note: even non-controlled medications may be subject to regulation. Make sure to investigate the status of all your medication, prescription or otherwise, by following the guidelines below.)

    2. How do I find out if my medication requires special preparation or rules? 

    The International Narcotics Control Board (INCB) tries to keep an updated list of substances and the countries that regulate them. Read their “General Information for Travelers Carrying Medicines Containing Controlled Substances.” At the end, click “Browse Regulations by Country.” You can also click on the sidebar links for “Narcotics” or “Psychotropics.” There, you will find links to the updated lists of medications and the countries that regulate them.

    *Note: You will need to know the chemical name for the medication, not its brand or commercial name. You can find that in your prescription records. 
     


    A list of countries that prohibit Ritalin (methylphenidate).

    3. How do I prepare my medication for my trip? 

    Find out what your destination country requires. For Japan, we learned that my daughter can only bring in a 30-day supply of her medication. Now, a Q&A website suggested shipping the additional week of pills to her in Japan. But we see how that worked out for Julie Hamp. In order to have enough medication for her entire trip, my daughter needed to complete special documents that were downloadable from the website of the Japanese Ministry of Health, Labour, Welfare page under “Pharmaceuticals and Medical Devices”. Some of the INCB links do not have working URLs, so prepare to Google to find the right agency. You can also call the phone numbers listed in the country’s info.

    Start this process early. We started two months before my daughter’s trip to Japan. The process included filling out paperwork (including a statement from her doctor – more on that below) that we had to send to Japan ahead of the trip, and then we had to wait for the approval documents granting permission to carry the Ritalin into the country. It took three weeks to get all of the information we needed. If there was a mistake on any of the documents, we had to start all over. 

    *Note: Never modify documents issued by a government. Doing so invalidates the document and may be a crime in that country. 

    4. Does the 3-1-1 rule apply? 

    No. But it may make things easier if you do put your medication bottles together in a clear bag. The TSA may ask you to remove them from your bags. Depending on the rules of the country, you may need to alert the customs agents at the point of entry that you have controlled medications. Make sure that the meds and necessary documents are easily produced to expedite your time at customs. 

    5. Do I need a prescription or a doctor’s note? 

    Maybe. And look up the requirements for your destination country as you may need an additional document. The information we found for Japan in the INCB database specified that we would need a doctor’s note for her Ritalin. 

    6. Will I get into trouble for carrying pills without the prescription bottles? 

    It’s a risk. You could get the pills confiscated and/or have to undergo additional security checks (like a manual pat-down or search). To avoid problems, keep medication in its original container. Also, if you get stopped by police on the street in your destination city, it’s best not to have an unlabeled bottle of pills in your purse or pocket. 

    7. What if my medication is listed as prohibited? 

    Contact the destination country’s embassy to see if there is a way to get special permission to carry your medication. Some countries may prohibit certain medications entirely. If you’re headed to one of those countries and can’t get official permission, don’t risk it. Don’t assume you’ll be the  exception to the rule because you have a doctor’s note or you look a certain way. You don’t want your vacation to turn into an extended stay at a prison labor camp.

    8. I have a prescription for my marijuana, can I take it on a plane (in the U.S.)? 

    Do not bring marijuana when you travel internationally. Regarding domestic travel, the TSA issued a statement on medical marijuana that is unclear. Despite the fact that marijuana is a controlled substance, the TSA says they will overlook it. But what they “say” is not necessarily what they practice. They are not supposed to search my braids every time I go through, but they do—every single time. 

    9. What if I am on a road trip in another country and I get pulled over. Should I tell the officer about my controlled medications? 

    Officers probably are not concerned about your medications, unless they have reason to search the car. At that point, tell them about your controlled medications and exactly where they are located in the vehicle. 

    Customs checkpoints at the borders of countries follow the same regulations as with airplane arrival. So, have your medication together and your documentation handy just in case your vehicle is pulled aside for a search. 

    10. Do I need to worry about my controlled prescriptions when traveling in another country by bus or train? 

    Probably not on buses. This mode of transportation does not have security checkpoints like the TSA. But if there ever is a reason for a search, just disclose what medications you have and where they are located. 

    However, international travel by train may mean going through a security checkpoint. The train requirements for international travel may be similar to or more relaxed than the airports. Look on the train’s website or ask officials for more information when you book the ticket. 

    Whatever mode of travel you choose, be sure to plan early and do the research on how your prescription medication is treated at your destination. A few minutes at the right websites will yield a wealth of information. At the very least, it will save you some time and relieve anxiety at security checkpoints. On the other hand, it could keep you from spending your holiday in jail.

    View the original article at thefix.com

  • Drug Courts in California

    Drug Courts in California

    ARTICLE OVERVIEW: A complete guide to California drug courts. We review eligibility requirements, how to get started, and what happens when you complete the program. A detailed explanation of the legal process here.

    TABLE OF CONTENTS:

    What is a Drug Court?

    California drug courts are problem-solving courts specially designed as an alternative to traditional criminal justice prosecution. These courts are mainly set up for non-violent, substance-related offenses. In short, drug courts put treatment and rehabilitation ahead of punishment.

    The main idea behind drug courts is that crime and addiction can be treated. The traditional approach of punishment has proven ineffective, otherwise, the system would have stopped it a long time ago. Compared to incarceration, addiction treatment improves the long-term outcomes because it addresses the root cause of drug-related crime. Treatment improves a person chances of reintegrating into the community and becoming a productive member of society. [1]

    In fact, there are numerous benefits of drug courts. Some of them include:

    • Promoting long-term recovery
    • Reducing crime
    • Reducing drug and alcohol use
    • Reunifying families
    • Saving tax money

    On average, treatment costs for California drug courts range from $900 to $1,600. Compared to an average cost of $5,000 per person for a minimal period of incarceration, perhaps you’ll agree that this seems to make economic and judicial sense. [2]

    If you or a loved one has recently been arrested or charged with a drug-related crime in California, we are here to let you know that treatment works! In fact, can help you if you are ready to start treatment. American Addiction Centers provides care to adults struggling with addiction and co-occurring mental health disorders. We can help you get better. Please call our hotline number today to speak with an admissions navigator. Hope is here.

    California’s Drug Court History

    The concept of drug courts spread across the country in the early 90’s. Getting treatment is a cost-effective and beneficial option for people who get into legal trouble. These courts offer more targeted help that gets at the root cause of the issue. But when did the state first begin offering drug courts?

    California’s first adult drug court began in Alameda County in 1991. In 1995, California’s first juvenile offender drug court began hearing cases in Tulare County. In 1998, The Department of Alcohol and Drug Programs started supporting the development of drug courts in California.

    California drug courts are much less formal than traditional courts. They are much more loosely structured, giving each court some flexibility as to how it will run. There is an ongoing dialogue between the judge, prosecutor, defense attorney, and defendant. The focus is on people rather than punishment. [3]

    California is committed to the concept that alcohol and drug treatment are preferable to the incarceration of nonviolent drug offenders. Indeed, the effectiveness of the drug courts has been proven by numerous scientific studies. It’s been shown to reduce re-arrest rates, lower costs and provide better treatment outcomes. It is not just clients who benefit from drug courts… but American society as a whole. [4] [5]

    Drug Court Requirements and Eligibility in California

    Each drug court in California has its own eligibility and exclusion requirements, so, when defining drug court eligibility, it’s better to first define who is not eligible to participate in a drug court. In general, you are not eligible if you have:

    • A prior conviction for a violent crime.
    • Been charged with a DUI and resulting serious injury.
    • Been charged with a crime involving possession of a firearm.
    • Been charged with a violent offense.
    • been charged with arson or sex crimes.
    • Been charged with drug possession with intent to sell.
    • Been charged with drug manufacturing or trafficking.
    • Refused treatment.
    • Unlawful presence within the United States.

    Additionally, you must be diagnosed with addiction in order to go through drug court. This makes sense. Plus, you must be eligible for probation in order to participate. Since the program takes place out of custody, you must be on probation in order to attend activities. Finally, you must not be under active deportation process.

    What laws support these guidelines?

    Drug court programs are legally authorized by California Penal Code 1000.5 PC. [6] According to this code, defendants are referred to drug court by written agreement of a judge, the prosecutor, and the public defender.  Graduation requirements vary, but usually involve the completion of educational and job training requirements with addiction treatment. Successful completion of a drug court program can result in a dismissal of the drug charges.

    In terms of eligibility, the most important criteria are that California drug courts are designed to treat non-violent drug-using offenders whose criminal history is related to drug abuse and addiction.

    The State of California has authored innovative legislature to back up the idea. Proposition 36, also known as the Substance Abuse and Crime Prevention Act, is a mandatory diversion program for those who qualify. Its main goal was to allow first and second-time, nonviolent offenders get treatment rather than go to jail. [7]

    Getting Started

    Currently, California has over 200 drug courts within its 58 counties. [3] The different types of Collaborative Justice Courts in California include:

    • Adult Drug Court
    • Back on TRAC
    • DUI/DWI Courts
    • Family Dependency Drug Court
    • Federal District Drug Court
    • Homeless Courts
    • Juvenile Drug Courts
    • Mental Health Courts
    • Re-Entry Courts
    • Tribal Healing to Wellness Courts
    • Veterans’ Treatment Court

    Drug Courts in California work according to certain models. There are four ways to enroll in a drug court program. Since each drug court in California has different criteria and each case is unique, it’s best to consult an attorney to learn more about how you can enroll into a drug court program as an alternative sentence. The main ways you can request participation in a CA drug court include:

    1. The pre-plea model allows drug possession offenders a stay of prosecution if they participate in a treatment supervised by the court.
    2. Post-plea models state that a defendant has to enter a guilty plea before entering treatment. The treatment lasts from nine months to three years.
    3. The post-adjudication model gives opportunity drug offenders to re-enter treatment after their conviction. But first, the convicted person has to serve the sentence. If the case is referred to drug court following a conviction at a jury trial, the trial judge has the option of retaining jurisdiction of the case or referring it to a calendar court.
    4. The civil model allows individuals to enter treatment as a condition of retaining or regaining custody of a child or children. Failure to complete the program can result in permanent loss of custody.

    So, what’s the process like?

    STEP 1: If you are eligible for a drug court, a judge will order a screening. This will be conducted by the Program Manager or Therapist involved in the program. Screening takes place in the form of an interview and it will usually last for an hour.

    STEP 2: After the screening, a multidisciplinary team will assess your record and personal history. This usually happens the same week or the week following the assessment. Screening and assessment ensure that each participant receives appropriate substance abuse disorder treatment services and community-based support.

    STEP 3: If it is decided that you will be accepted into the program, it is very likely that you will be placed in residential treatment or sober living program. You will be expected to complete the course of recommended treatment.

    STEP 4: Ongoing activities may be set up by drug court judges for you during and after rehab. You may need to attending ongoing counseling session, for example. Or, you may need to attend support group meetings. Compliance ensures success. Follow the drug court plan … and you’re on your way to a new life!

    STEP 5: Successful completion of a program entitles you to a dismissal of the related charges.

    The Process

    Drug Court is a four-phase program that usually lasts from 6 to 24 months. n California, drug courts usually implement a multi-phased treatment process. You will move from one phase to the next when you complete the requirements of the phase and make progress in your recovery. Poor performance during any phase may result in going back to a previous phase with more intensive monitoring and restrictions.

    In general, drug court programs in CA are divided into four phases. If you are a drug court participant in California you must complete all these phases in order to qualify for dismissal of charges and a clean legal record.

    1. Stabilization Phase. This first stage of treatment focuses on your  stabilization. The stabilization phase may include a period of detox, psychosocial and physical assessment and development of treatment plan. During this phase, you will have to attend court once a week.

    2. Intensive Treatment Phase. Abstinence from drugs and alcohol as a primary focus. This phase typically involves intensive individual and group counseling, attend weekly AA and NA meetings. Usually, participants attend court twice a week.

    3. Aftercare Review Interview Phase: You will continue with group therapy and individual counseling, and you will still have to attend support group meetings. Typically, during this phase, you will be interviewed by the Drug Court team. The interview will determine if you are ready to move to the last phase which is the aftercare. You are required to make monthly court appearances.

    4. Transition Phase. This phase focuses on the planning necessary to transition you out of the drug court, and relapse prevention strategies. The transition phase may emphasize social reintegration, employment and education, housing services, and other aftercare activities. You will have to attend court once a month.

    Treatment

    When the court orders someone to attend rehab, the next step is to gather a treatment team. The treatment team consists of a judge, attorneys, case managers, health care providers, and therapists. These professionals all work with the offender to ensure an effective treatment plan, and also to make sure the offender is complying with the court orders. Team members provide regular communication, encouragement, and support for the offender. But drug court also extends support to their friends and family members throughout the hearings, therapy, and discharge.

    Drug court participants in CA should be able access to a continuum of treatment and rehab services. [8] Treatment services should include:

    • Aftercare services
    • Attendance at support group meetings
    • Detox
    • Individual and group counseling
    • Inpatient or outpatient rehab
    • Mandatory drug tests
    • Medications
    • Regular appearances before the court

    You will be required to pay for the treatment, and you can choose where you want to be treated. Insurance may pay for all or part of a treatment program, and some facilities offer reduced or subsidized payments for qualifying individuals.

    The severity of your addiction and your dedication will determine your recovery time. However, it is expected that most participants should be able to successfully complete the treatment program after 10 to 24 months. If you cooperate with the court you can turn this situation at your advantage, your probation terminated or charges dismissed.

    Violations

    After enrollment in a drug court program, your progress will be closely monitored by the court. You are expected to be on time, to show up to and complete drug tests. You are also required to attend all group sessions and court dates. You will be asked to be honest.

    In other words, when you go through a drug court in CA, you are held accountable for your progress. You are expected to comply with the court’s orders and respect the court.

    In order to encourage compliance, behavioral changes and adherence with treatment, the court will use sanctions and incentives. Rewards for compliant behavior can include:

    • Certificate of graduation
    • Extended curfew
    • Gift certificates
    • Praise by the court or judge
    • Promotion to the next phase
    • Sobriety tokens
    • Termination of probation

    Conversely, sanctions for non-compliance may include: writing a letter to the court or to your case manager, coming to court more often, community service, time in jail, termination from drug court. Although there is no set number of violations that result in termination, persistent noncompliance are not tolerated. If you are terminated from the program, you will be sent back to court for sentencing.

    Still, most people successfully complete of all phases of treatment.  In some cases, probation may be terminated at the end of the program. In other cases, you must successfully complete the full three years of probation after participation.

    California Drug Court Statistics

    Drug courts are generally thought to be more effective than routine criminal justice case-processing at reducing rates of recidivism and drug use among offenders. There have been many successes in California Drug Court programs. Participants have remained off of drugs, stayed out of the criminal justice system, obtained their driver’s licenses, become employed, gone back to school, received vocational training and started their own businesses, and gained or regained custody of their children.

    SO, what are the number say about the effectiveness of drug courts? The data taken from the Collaborative Courts 2016 Annual Report by the County of Orange shows that:

    The adult and juvenile programs have saved more than $120.6 million through the avoidance of more than 852,848 custody bed days.

    The re-arrest rate for Drug Court graduates, three years after graduation, is 28.15% for any crime, compared with a re-arrest rate for comparable non-participants of 74%.

    The Drug Court program avoided 28,637 jail and prison bed days prior to the application of custody credits, which were stayed pending graduation in 2016— which translates to a cost savings of $4,196,179.

    Two drug-free babies were born to women while they were participating in Drug Court in 2016, bringing the cumulative total to 153 drug-free babies born since the inception of the program.

    Participants performed 1,275 hours of community service in 2016.

    During the year, 63 participants graduated from the Drug Court program, free of addiction and employed or pursuing educational goals. [9]

    Nationwide, the numbers show that drug Courts reduce crime by an average of 8% to 26%, with most estimates from 9% to 14%. Well-functioning drug courts reduce crime rates by 35% and the effects last at least 3 years. Additionally, the average recidivism rate for those who complete Drug Court is between 4% and 29%, compared to 48% for those who do not participate in a Drug Court program. Finally, for every $1,000 invested in adult drug courts, communities reaped approximately $2 to $4 in benefits, totaling roughly $3,000 to $12,000 per participant. [10]

    These numbers show the effectiveness and importance of drug courts.

    Drug courts can save lives.

    Drug courts help individuals.

    Drug courts heal our society.

    Completing California Drug Court

    You graduate from drug court when you complete all four phases of the program. You must be at least 90 consecutive days clean and sober. Except in unusual circumstances as determined by the judge, a participant who graduates after less than nine months in the program will remain on probation until the expiration of the nine-month period.

    But before you leave supervision, the court want you to have a strong recovery support system. This includes employment and stable housing. Then, graduation is a time to celebrate your accomplishments! You may invite your family and friends to join you at your drug court graduation. It’s often a life changing moment.

    What happens next?

    If you successfully complete a Drug Court program in California:

    • Your probation may be terminated early.
    • Your charges may be reduced.
    • Your case may be dismissed.

    Also, if you are involved in a child custody case, you may get your child back.

    Successful completion will give you the tools to become contributing members of society and your community.

    Your Questions

    If you still have questions about California’s drug court system, we encourage you to leave a question in the comments section below. We’ll try to respond to you promptly and personally.

    Reference Sources: [1] James E. Lessenger / Glade F. Roper (eds.) Drug Courts: A New Approach to Treatment and Rehabilitation
    [2] California Department of Alcohol and Drug Programs – Drug Courts Overview.
    [3] California Courts: Drug Courts
    [4] HHS: Drug Court Effectiveness: A Review of California Evaluation Reports, 1995–1999
    [5] National Institute of Justice: Do Drug Courts Work? Findings from Drug Court Research
    [6] California Legislative Information: California Penal Code 1000.5 PC
    [7] Proposition 36 Drug Treatment Diversion Program. Initiative Statute
    [8] California Courts: 2019 California Rules of Court
    [9] Superior Court of California County of Orange: 2016 Annual Report
    [10] Drug Courts: National Perspective
    Superior Court of California: County of San Diego: Drug Court Process
    Superior Court of California: Drug Court Participant Handbook

    View the original article at addictionblog.org

  • Addiction and Child Custody Laws in Texas

    Addiction and Child Custody Laws in Texas

    ARTICLE OVERVIEW: Parenting and drug use never go together. In Texas, family laws consider drug use a type of “child abuse”. What can you do if you have an addiction problem? A review of Texas child custody laws here.

    TABLE OF CONTENTS:

    “The Best Interest of the Child” Policy

    Under Texas Family Code § 153.002, all Texas courts are guided by the best interests of the child principle when deciding child custody and visitation orders. [1] That means that Texas courts aim to make an order that best serves the physical, mental, and emotional needs of a child. But how do judges make decisions about child custody?

    The decision on where to place a child for their best interest takes into account many variables. Some factors used to determine rulings on child custody cases include, but are not limited to:

    A child’s preference when s/he is at least 10 years old.
    A history of abusive or assaultive behavior by the child’s family.
    Each parent’s future plans for the child.
    Parental history of substance abuse.
    The ability of each parent to care for the child.
    The child’s age and physical and mental vulnerabilities.
    The environment and stability of each parent’s home.
    The parents’ plan for caring for the child.
    The physical, emotional, and mental needs of the child.

    Also, when deciding parenting plans, courts follow Texas public policy. The goal is to provide a safe, stable and nonviolent environment. But the state also wants to keep both parents in the life of the child. Where possible, courts want to encourage parents to share rights and responsibilities of raising the child. Another thing worth mentioning is that Texas courts will not consider the marital status or the sex of the parents when deciding parenting plans.

    Supervising Courts

    In Texas, there are hundreds of courts that operate in the state. Each has a different jurisdiction. Jurisdiction is based on location, topic, and offense severity. Some courts overlap each other, making the whole  system complex and confusing.

    At the highest level is the Texas Supreme Court which handles civil matters. Then, the Texas Court of Criminal Appeals handles criminal matters. On the next level are the 14 Courts of Appeal. They, too, have appellate jurisdiction.

    The major trial courts in Texas are called “district courts”. They are responsible for civil and criminal cases. Some district courts specialize in a particular type of case, such as juvenile or family law. But there are also county courts, statutory probate courts, justice of the peace courts, and municipal courts. While these have limited jurisdiction, any one of these courts may be involved in a child custody case. [2]

    Family law matters, including divorces and child custody cases are generally handled by the district courts. In most counties, a divorce case is filed through the District Clerk’s office. However, there are also child support specialty courts, and specialty child protection courts in Texas. [3] Moreover, the Office of the Attorney General is the official child support enforcement agency for Texas. It provides services in establishing and enforcing child support. [4]

    Laws

    All Texas child custody laws comply with the Uniform Child Custody Act, whose aim is to minimize custody disputes that involve more than one state. [5] The Family Code and Health & Safety Code are the two main Texas codes for child custody and drug engendered children, respectively. What other laws exist in Texas that outline child custody guidelines?

    We’ve gathered a list of the most important laws and chapters of those laws concerning child custody in Texas. It should be noted that this list is not extensive and is not intended to provide legal advice. For detailed explanation on any legal matter, you should consult an attorney.

    Family Code § 263.307(b) This section list the factors that should be considered in determining whether the child’s parents are willing and able to provide the child with a safe environment. [6]

    Family Code § 263.307(a), (c) This section provides guidelines that should be considered by the court in determining whether to adopt the permanency plan submitted by the Texas Department of Family and Protective Services. [7]

    Family Code § 261.001 This Chapter defines investigation of report of child abuse or neglect. It also defines the terms “abuse” and “born addicted to alcohol or a controlled substance”. [8]

    Health & Safety Code § 468.102 A chapter that regulates how The Department of Family and Protective Services should protect a drug-endangered child “exposed to methamphetamine or to chemicals and other hazardous materials used in the illicit manufacture of methamphetamine.” [9]

    Health & Safety Code § 468.103 A chapter that defines how the Department of Public Safety of the State of Texas and each local law enforcement agency shall report on discovering the presence of a child in a location where methamphetamine is manufactured. [10]

    Types of Custody

    In Texas, laws refer to child custody as “conservatorship”. Conservatorship outlines the rights and duties parents have towards children. Conservatorship includes important decisions like education or medical treatment, among many other things. The parent with court ordered custody is called a “conservator”. There are two types of conservatorship in Texas:

    Sole Managing Conservatorship where only one parent has the right to make all the decisions for the child.

    Joint Managing Conservatorship where both parents make decisions together.

    Texas law encourages joint custody whenever possible. It is considered that it is in the best interest of the child to have both parents live near one another and make decisions together. [11]

    “Proof” of Drug or Alcohol Use

    Using a controlled substance that impairs a caregiver’s ability to adequately care for a child is considered “child abuse” or “neglect” in Texas. In child custody cases, parents may file a motion seeking to have the other parent tested for drugs. However, the court will need some proof that a drug test is needed. The proof that the court can take into consideration includes:

    • Criminal records
    • Medical reports
    • Records from social welfare agencies
    • Third party eye witnesses

    The court is not obliged to grant the motion if there is not enough evidence provided. But, most courts will grant a motion for drug testing, usually a urine drug test, because that is in the best interest of the child. If the parent suspected of drug or alcohol use wants to oppose this, s/he needs to file counter motion and lists reasons why drug testing is not necessary. Also, if the court suspects one or both parents are using drugs, it can order a drug test as part of its child custody evaluation.

    Visitation Rights

    Texas does not use the term “visitation” ; instead Texas law outlines the practice of “possession and access”. Possession and access refers to physical custody of children and when a parent can visit the children. Usually, the child will live with one parent while the other will have visitation rights. How is possession and access arranged in Texas?

    If you and the other parent agree, you can create a schedule or an informal parenting plan. If you can’t agree, the court will develop a plan based on the best interest of the child. The visitation plan needs to be fair. Both parents should agree to it. The court’s possession order will indicate when each parent has the right to be with the child. A typical visitation schedule might include alternate weekends, alternate holidays, and vacation time.

    There are several types of possession orders in Texas. We list the most common four types of possession and access setups here.

    1. Standard Possession Order. This type of order designates who gets the kids and on what weekends. The parent with visitation rights can visit the child on the first Friday of the month, followed by the third and fifth Fridays of the same month. Access usually ends on the Sunday of the same week at 6:00 p.m. Every Thursday evening, the parent can visit the child between 6:00 p.m. and 8:00 p.m.
    2. Modified Possession Orders. If there’s been a change in circumstances, a parent may want to pursue a modification of the original possession order. However, there are certain elements that must be met to modify a standard possession order. These modifications will be considered on a case-by-case basis.
    3. Possession Orders for a Child Under 3. If a child is under three, parents may still agree to use the Standard Possession Order. Or they may agree to use a different possession schedule. If they are unable to agree on a schedule, the judge will make an order based on all relevant factors, like those listed in Texas Family Code Section 153.254. [12]
    4. Supervised Possession Orders. When a parent is supervised by a neutral third party, the other parent or designated professionals must be present when s/he is visiting the child. In cases of severe parental alienation, substance abuse disorder, mental or physical abuse, neglect or mental illness the court may order limited or supervised visitation.

    Whatever your current situation it is important to remember that custody and visitation are never considered “final”. As situations change, you can come back to court to request changes. So, if you’re struggling with addiction, just know that your access to your kids may be limited now…but that can change. The idea is that as you show signs of healthier living, judges and courts can adapt new possession orders.

    What Happens If I Test Positive?

    If you are actively using drugs or alcohol and you fail a court ordered drug test, the court takes the drug test very seriously. In fact, it will be a major factor in influencing the court’s decision on visitation and custody, especially if you have a young child or a child with special needs. You may lose all visitation rights or you may get only supervised visitation.

    Repeated positive drug or alcohol tests may end in termination of visitation rights in Texas.

    The Texas legal system prioritizes the child’s best interest. Judges will be very cautious when granting custody to a parent who uses drugs. That is because substance abuse:

    • Exposes the child to illegal drugs.
    • Increases the risk of neglect.
    • Indicates an unhealthy environment.

    In these cases, a parent with and addiction problem may be referred to rehab, counseling, or parent classes. Have in mind that a positive drug test doesn’t automatically mean losing your parental rights. Your willingness to change and work towards that goal will make all the difference.

    Can Someone Subpoena My Records from Rehab

    In principle, your medical and health records are private. The federal Health Insurance Portability and Accountability law and the Texas Medical Records Privacy Act serve to help you protect your personal health information.

    However, Texas courts have held that the privilege to privacy in medical records is not absolute in custody cases. In cases of neglect, abuse or domestic violence the court may order disclosure of rehab records for the purposes of the custody case only. Since parental substance abuse is considered child abuse in Texas, you should be aware that your medical records may be disclosed and used against you.

    What laws protect your privacy in the Lone Star State?

    HIPAA is a federal law designed to provide privacy standards to protect patients’ medical records and other health information provided to health plans, doctors, hospitals and other health care providers. [13]

    Texas Medical Records Privacy Act requires “certain persons and entities including health care providers, health plans and entities that process health insurance claims to take certain measures with respect to protected health information…” [14] This law that provides more protection for patient privacy than is provided under HIPAA. The Act adopts the basic tenets of the HIPAA Privacy Standards and provides additional protections for Texans in some areas where HIPAA has left gaps. In most cases, the act prohibits using or disclosing health information without first obtaining an individual’s consent.

     

    How to Be Reunited with My Kids?

    It is very simple.  You just have to show willingness to change. Then, comply with the court’s orders.

    As mentioned above, Texas’ public policy is to encourage parents to share custody. The state government wants both parents be present in the child’s life. So, if the judge grants a drug test motion, you should comply with the order and submit to the drug test. If the judge refers you to rehab, you should comply with that order, too.

    While in rehab you may be granted supervised visitation, or your visitation rights may be completely suspended. It will depend on your specific case.

    If you successfully complete a treatment program and are actively participating in an ongoing recovery, it is very likely that the court will reverse its decision. In contrast, failing to comply with a court order could result in permanent termination of parental rights.

    American Addiction Centers is a leading provider of inpatient and outpatient addiction treatment services. In fact, we have a treatment center in Texas. We offer same-day admissions and arrange transportation. Call our free and confidential helpline to explore your treatment options today. You want to be with your kids. Get better with treatment. Call us to get started.

    What Happens When I Finish Rehab?

    If you have lost custody of your children because of a drug problem, you can file a motion to get your custody back. But, the court will want to be sure that issues have been resolved before they consider returning the children to your care. When will your kids be back in your care?

    How long it takes to be reunited with your children will depend on you. If you commit to maintaining a drug-free lifestyle, you’ll need to show proof over time. You’ll need to have and maintain a stable home and job. Then, you’ll need to provide evidence that you have mental, emotional, and financial stability. Finally, the court may evaluate your case and modify the custody or the visitation order.

    Finishing rehab is only the first step in getting your kids back during a custody battle that involves drug or alcohol use. You still have a long road ahead of you. You’ll need to adjust to day-to-day life without using. This is why it is very important that you have an aftercare treatment plan developed that will keep you motivated to stay clean and sober. Aftercare usually includes a combination of counseling, support groups, or a stay in a sober home.

    Yes, addiction is a disease,. The good news is that it can be treated and managed. It just takes time, proper treatment and motivation. Being a parent your children deserve is the best motivation. Change is possible. Call us today to learn how American Addiction Centers can help. Our admissions navigators are ready to talk with you 24-7, day or night. We’re waiting for your call.

    Where to Find Rehab?

    Finding a good rehab program that fits your needs may seem difficult, but there numerous treatment options in Texas. Where can you find a reputable rehab?

    SAMHSA’s National Helpline – 1-800-662-HELP (4357)

    SAMHSA’s Treatment Locator

    Texas Department of State Health Services – Find Substance Abuse Services

    CALL OUR HOTLINE

    Don’t wait another day. Seeking treatment is not a sign of weakness. Think about your children and how your recovery will affect their lives in the long run. Every child deserves healthy and productive parents. Ask for help today!

    When to Get Legal Help

    Child custody and visitation rights issues can be emotionally demanding and legally complex. But, an experienced child custody lawyer can help you determine your best course of action, provide legal guidance, and represent your best interests in court. Here’s some useful links where you can search legal help:

    Texas Access and Visitation Hotline (866)-292-4636, Monday – Friday, 1–7 p.m.

    Legal Help Finder

    CPS Family Helpline 1-844-888-6565, Monday through Friday from 9:00 AM to 6:00 PM. 

    Texas Advocacy Project – Legal Phone Lines

    Your Questions

    We hope to have covered the topic of legal custody in Texas and to have answered your questions. But we know that you probably want to talk personally. Please feel free to call us day or night. Or, leave a questions in the comments below. We try to respond to all real life questions personally. And if we can’t answer your questions, we’ll refer you to someone who can help.

    Reference Sources: [1] Texas Constitution and Statutes: Texas Family Code
    [2] Texas Judicial Branch: About Texas Courts: Court Structure Chart
    [3] Texas Judicial Branch: About Texas Courts: SPECIALTY COURTS
    [4] Ken Paxton Attorney General of Texas
    [5] U.S. Department of Justice: The Uniform Child Custody Jurisdiction and Enforcement Act
    [6] Texas Statutes: Texas Family Code
    [7] Texas Statutes: Texas Family Code
    [8] Texas Statutes: Texas Family Code
    [9] Texas Statutes: Health & Safety Code
    [10] Texas Statutes: Health & Safety Code
    [11] Texas Statutes: Texas Family Code
    [12] Texas Statutes: Texas Family Code
    [13] HHS: Summary of the HIPAA Security Rule
    [14] OFFICE OF THE TEXAS ATTORNEY GENERAL: TEXAS MEDICAL RECORDS PRIVACY ACT ANNUAL REPORT
    Texas Statutes: Health and Safety Code: Medical Record Privacy
    American Addiction Centers

    View the original article at addictionblog.org

  • Can You Test Newborns for Drugs in Texas?

    Can You Test Newborns for Drugs in Texas?

    ARTICLE OVERVIEW: Newborns are not systematically drug tested in Texas. However, consequences for substance abuse during pregnancy are described Texas Penal Code 22.041. More here on how you can lose parental rights for substance use in TX.

    TABLE OF CONTENTS:

    How Drugs Affect Newborns

    During pregnancy, consumption of certain prescription medications and illegal drugs are not safe for both the mother and unborn baby. So, if you are planning to get pregnant or already expecting, it’s important to check with your doctor regarding prescription drugs and put an end to recreational drug use.

    It’s important to understand how drugs can impact the health of a newborn before starting or continuing the use of any potentially dangerous substance. There are many short and long term risks that come with any kind of drug use during pregnancy, including:

    Marijuana: By smoking marijuana, the levels of carbon monoxide and carbon dioxide are increased, which can reduce the oxygen supply to the baby. This can result in premature births, low birth weights, delays in development, and learning and behavioral problems.

    Heroin: This highly addictive drug can not only severely harm the baby while in the womb but cause them to be dependent on the drug after it is born. A newborn can go into withdrawal after birth and experience symptoms such as irritability, convulsions, and sleep abnormalities.

    Cocaine: After a fetus is exposed to cocaine, it can take much longer for the drug to be eliminated from their system than it would from an adult. Using cocaine during pregnancy can lead to premature labor, restricted growth, defects and learning difficulties.

    Methamphetamine: Related to amphetamines, methamphetamine can raise the heart rate of both the mother and the baby. Newborns exposed to methamphetamine can suffer withdrawal symptoms, such as sleeplessness and muscle spasms.

    PCP & LSD: As both of these drugs are hallucinogens, PCP & LSD can cause users to behave violently and self-harm, in addition to potential birth defects. PCP can lead to low birth weights, brain damage and poor muscle control, while frequent use of LSD can cause birth defects.

    Neonatal Abstinence Defined

    In 2014, an estimated 32,000 newborns were born with Neonatal Abstinence Syndrome, NAS, as a result of drug and opioid use during pregnancy. NAS causes a range of symptoms, including tremors and breathing problems, as the newborn withdraws from the substances they were exposed to while in the womb.

    But how can a baby ingest drugs while in utero?

    When a woman takes drugs during pregnancy, the chemicals are passed through the placenta and umbilical cord to the developing fetus. Chemical dependency then forms in the child if the mother takes a psychoactive substance over and over again during her pregnancy. And dependency ends after the baby goes through withdrawal…with associated risks and dangers.

    With all of the risk that can come with drug use and pregnancy, monitoring the health of the mother and baby is a critical part of the pre and post-natal process. And part of monitoring can include drug testing.

    Can You Test Newborns for Drugs in Texas?

    No, Texas state law does not require drug testing in newborns. While there are no specific state laws to prosecute women who have used drugs during pregnancy, a prosecutor may be able to find ways to criminally charge the mother under other laws.

    Currently, drug testing is not mandatory in every state for pregnant women and newborns. In other states, mandatory reporters must report suspected drug use in mothers, as it’s consider a form of child abuse. And in some other states, drug testing as a part of the process. For example, states such as North Dakota and Minnesota do require drug tests but only if there are drug-related complications at birth.

    What Are the Laws for Prenatal Substance Abuse?

    According to the Texas Penal Code 22.041:

    “A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.”

    Even though prenatal substance abuse is considered to be child abuse in 23 states, testing the mother and newborn is not a requirement in most states. There are many reasons testing would be provided, such as suspected prenatal drug exposure or evidence for child welfare proceedings.

    What Are the Consequences for Prenatal Substance Abuse?

    Drug use during pregnancy can cause many problems for the mother and child in addition to issues related to their health. Proven prenatal substance abuse and testing positive can lead to a range of legal issues as well. According to Houston drug crime lawyer, David Breston, the criminal penalties for a drug-related crime in Texas can range from a “a class “C” paraphernalia case to life in prison.

    In other states, a positive drug test or if the newborn is exhibiting withdrawal symptoms can lead to revocation of custody rights. Loss of custody not only hurts the mother, but the child as well.
    While infants and toddlers may be too young to process or remember the experience, it can have lasting and damaging effects, such as influencing their ability to love and trust others. The loss of custody is not only devastating but it can also take years to recover parental rights fully.

    States that Require Drug Testing for Newborns

    In recent years, testing newborns for drugs has become a highly debated topic. But laws vary from state to state. Here’s a snapshot of the laws as they currently are in states throughout the U.S.

    Require to test: Indiana

    Required to test AND report for prenatal drug exposure: Iowa, Kentucky, Louisiana, Minnesota, North Dakota and Rhode Island

    Required to report prenatal drug exposure: Alaska, Arizona, Arkansas, California, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Montana, Nevada, Ohio, Oklahoma, Pennsylvania, Utah, Virginia, Wisconsin.

    Required for grounds to terminating parental rights: Alabama, Arizona, Arkansas, Colorado, District of Columbia, Florida, Illinois, Indiana, Iowa, Louisiana, Maryland, Minnesota, Missouri, Nevada, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, Wisconsin

    Your Questions

     Every day, the number of newborns born with NAS continues to increase. While it is not required to drug test a newborn in Texas, it’s important to know that it can still lead to severe consequences, including the loss of parental rights.
    We understand that you probably have more questions about this topic. Please leave your questions in the comments section below. We do our best to respond to all real life questions personally.

     

    View the original article at addictionblog.org

  • Drug Possession Laws in Mississippi

    Drug Possession Laws in Mississippi

    ARTICLE OVERVIEW: Been caught with drugs in the state of Mississippi? Not certain how the legal proceedings will go? We review laws, penalties, and basics for alternate sentencing like drug court and voluntary rehab.

    Table of Contents:

    Zero Tolerance and Basics

    Like much of the south, Mississippi has zero tolerance when it comes to their drug possession laws. Therefore, a drug possession charge is taken very seriously. Strong penalties go with convictions. Penalties for holding controlled substances depends on the amount you have on you. In Mississippi, possession charges are put into one of two categories. These include:

    1. Personal Amount. Depending on the drug, you can only have so much on you for it to be considered a personal amount. For example, a personal amount of cocaine is considered less than one-tenth of a gram, or one dosage unit. In terms of Scheduled I and II CDS, once you possess more than one-tenth of a gram, you risk being charged with…
    2. Sales of Controlled Substances in Mississippi. This is when authorities believe you’re either distributing or trafficking drugs. These penalties are always much more intense than that of a personal amount (see below for details).

    Specific Laws and Schedules

    There are two specific laws in Mississippi that cover the charges for drug possession and distribution: Ms. Code Ann. § 41-29-113: House Bill 1031, and Ms. Code Ann. § 41-29-115: Senate Bill 2379. [1] [2]

    In Mississippi, a drug is referred to as a “controlled dangerous substance,” or CDS. Like other states, Mississippi classifies each drug according to a schedule. These are defined under MS. Code Ann. § 41-29-113 [3]. CDS Schedule I are considered to be the most dangerous drugs. So, getting caught in possession of these kinds of drugs will result in harsher penalties.

    Drugs classified by schedule are as follows:

    Schedule I Substances

    • Synthetic cannabinoids
    • Hallucinogens
    • Opiates like heroin
    • Opiate derivatives such as morphine

    Schedule II Substances

    • Amphetamines
    • Depressants like barbituates
    • Opioid pain medications like codeine, fentanyl, and hydrocodone

    Schedule III Substances

    • Anabolic steroids
    • Ketamine
    • Nalorphine
    • Stimulants

    Schedule IV Substances

    • Certain depressants such as alfaxalone, barbital
    • Certain stimulants such as cathine, phentermine

    Schedule V Substances

    • Certain prescription depressants
    • Certain prescription stimulants

     

    The Legal Process in Mississippi

    Within the state of Mississippi, the stages of a criminal case work in 9 distinct steps. [4]. These The rules of criminal procedure in cases of drug possession are as follows.

    1. Investigation

    If police are suspicious of a crime, they’ll collect all the evidence they can on the crime scene. They’ll also interview witnesses. The length of investigations varies depending on the circumstance of the crime. However, most drug possession crimes don’t require much of an investigation considering the drug itself is all the evidence a police officer needs.

    2. Arrest, Initial Appearance, and Bond Setting

    Upon arrest, you’ll be taken to your town or city’s police headquarters. From there, you’ll immediately be placed before a judge to make an initial appearance. During this time, a bond will be set for your release.

    3. Preliminary Hearing

    If you aren’t able to pay the bond, then you’ll be entitled to a preliminary hearing. This might be referred to as a probable cause hearing. Through this, the court system will decide whether or not enough probable causes exists to convict you of a crime.

    4. Indictment

    Your case will then be brought before a grand jury. It should be noted, all that will be shown to this jury is the evidence the prosecutor chooses to present. During this time, you will not be able to defend yourself.

    5. Arraignment

    Not too long afterward, the Court will give your case an arraignment. During this time, you’ll be told your official charges and given the opportunity to inquire as to whether or not you need an attorney. From there, you’ll be asked to submit a plea to the charges and then the court will set an initial trial date.

    6. Discovery

    During this part of the legal process, you’ll now have the ability to file a motion for discovery. In order to do so, the State will produce all evidence to you. In turn, you’ll also be allowed to present evidence in your favor to the State.

    7. Plea Negotiations

    You may want to make a deal with the State and resolve the case before having to go to trial. Most people go through with a plea negotiation when they’re trying to reduce their punishment. There are many plea negotiations the state of Mississippi has to offer (see below). You’ll want to talk to your lawyer about the matter.

    8. Trial

    If there is no agreement made based on your plea, then you must go to trial. A trial usually begins with an opening statement by the prosecutor and attorney defending you. From there, the State will present its case by calling witnesses and introducing the evidence taken against you.

    Then, you will have your opportunity to present your witnesses and evidence, proving your innocence. After your presentation, the State will go again against you. They bring back evidence they had shown prior. From there, the judge will tell the jury of all the laws applicable to your case. Then you’ll be offered a closing argument along with the prosecutor. And the case is finally submitted. The jury will come to its decision and you will receive …

    9. Sentencing, if applicable

    If you’re found guilty of a drug possession crime in the State of Mississippi, then you’ll receive a sentence. This is usually a separate hearing in which both you and the prosecutor will be allowed to present your evidence again. Furthermore, the Court may ask for a pre-sentence investigation, or PSI, which would be managed by a probation officer. This investigation will look into your background and determine whether or not the sentence is appropriate for your circumstances.

    Burden of Proof

    Under Mississippi law, the prosecutor must demonstrate specific elements in order to properly convict you. These elements include:

    1. LEGALITY. The evidence that you were in possession of a controlled dangerous substance when you were arrested.

    2. KNOWLEDGE. The evidence that you knew of the illegal nature of this controlled dangerous substance and you knew it was present at the time of your arrest.

    3. CONTROL. The evidence that you had control over both the presence and location of the controlled dangerous substance.

    Sentencing

    Drug sentencing will entirely depend on your case. As mentioned earlier, Mississippi considers the schedule of the drug and how much of it was in your possession in order to determine your sentence. The higher the schedule and the more of a drug, the higher your penalization.

    Still, the purpose of a trial is to figure out all the details surrounding the charges. A trial will paint a picture of the circumstances and, in turn, the idea is that you will be penalized accordingly. In order learn more about potential sentences, you’ll want to talk to a lawyer. Also, you may qualify for alternative sentencing (see below).

    Misdemeanor Possession

    When you’re charged with a misdemeanor, your punishment is taken less seriously than that of a felony. However, in the state of Mississippi, very few drug possession crimes are considered a misdemeanor. Typical misdemeanor penalties include:

    • A fine of up to $1,000.
    • Jail time between 6 months and 1 year.

    What might be considered misdemeanor drug possession in Mississippi? If you have less than 30 grams of marijuana, then you’ll probably be charged with a misdemeanor. This is because marijuana has recently been removed from the list of Schedule I drugs in Mississippi. Also, if you’re caught solely with drug paraphernalia, you’ll also only be charged a misdemeanor. With any other drug possession crime, you’ll be charged with a felony.

    Felony Possession

    In the state of Mississippi, most cases of drug possession result in a felony charge. Levels of severity in the charge depend on your circumstances. People in possession of a Schedule I drug will end up with a more severe penalty than someone in possession of a Schedule V drug. Still, even just a personal amount of a top schedule controlled dangerous substance will land you a felony.

    Typical punishments for a felony charge include:

    • A fine of up to $10,000
    • Prison time between 1 to 4 years.

    Other Penalties

    Often, you’ll find yourself facing other penalties due to your drug possession crime. The state of Mississippi decides on these crimes on a case to case basis. Due to this, it’s not entirely certain which penalties you’ll face for your crime. In order to get a better sense, you’ll want to talk to your lawyer. Other penalties for possession of a controlled dangerous substance include:

    • Ineligibility to obtain certain employment.
    • Ineligibility to obtain certain types of government employment.
    • Ineligibility to qualify for certain types of college scholarship or financial aid.
    • Ineligibility to qualify for public housing.
    • Ineligibility to receive a state license or certification.
    • Potential community service.
    • Potential enrollment in drug treatment programs.
    • Probation.
    • Suspension of your driver’s license.

    Alternative Sentencing

    In Mississippi, you do have the opportunity to face alternative sentences [5]. It’s difficult for people with drug possession crimes to qualify for these considering Mississippi’s zero tolerance policy on controlled dangerous substances. Still, if you’re looking to reduce jail time and other punishments, it’s in your best interest to take a look at these.

    In order to get a real sense of which alternative sentences you apply for, you’ll want to talk the matter over with your lawyer. Some options include:

    1. Drug Court.

    These specialized courts are used solely for drug offenders and their purpose is to reduce crime on the streets. [6] The idea is drug abusers will benefit more from rehabilitation rather than traditional punishments. Rehabilitation often includes supervised drug testing and treatment services. You’ll receive counseling, incentives, and must make consistent court appearances. If you successfully complete your drug treatment, then your charges will be dropped.

    2. Non-adjudicated Probation

    If you enter as a guilty plea, you might be offered non-adjudicated probation. This works like probation in the sense that you’ll need to pay fines and court costs, report to a supervising officer, and take regular drug tests. However, if you complete it all successfully, you’ll be discharged.

    3. House Arrest – Intensive Supervision Program

    Under very certain circumstances, people can avoid incarceration through house arrest. You must be screened and approved in order to qualify. If you are approved, you’ll have to wear an electronic monitor which checks to make sure you’re always in agreement with your curfew requirements. A house arrest will allow you to work, go to church and receive both medical attention and drug treatment. If you break your house arrest circumstances, you will be charged with further penalties.

    4. Pre-trial Diversion

    If you’re a first offender of a non-violent crime who wasn’t charged with drug sales or possession of a controlled dangerous substance with intent to distribute, you can qualify for a pre-trial diversion in Mississippi. Through this type of sentence, you’ll be placed on special probation where you must attend court on a regular basis. It should be noted, rules for pre-trial diversion vary from court to court.

    5. Recidivism Reduction Program

    Also known as RRP, this program aims to rehabilitate drug-offenders rather than incarcerate them. You can expect to be placed into a rigorous drug treatment program and receive important therapy.

    6. Restitution Center

    If you owe a good amount of fines, you might be sentenced to a restitution center while you’re on probation. This is where you’ll be educated of your crimes and the criminal system. You will also be monitored and aided in finding work.

    When to Contact a Lawyer

    Immediately upon your arrest, you should consider finding yourself a lawyer. Part of the reason is drug possession charges in Mississippi are taken very seriously and almost always have strong consequence. However, due to the fact that penalties vary from case to case, a lawyer will be able to figure out the best possible solution for YOU.

    Can’t afford a lawyer?

    Then the State will provide you with one as long as you qualify. If you do qualify, it’s important to take as much advice from this lawyer as possible for the sake of your trial. In order to get a real sense of which lawyers in Mississippi are best for your case, you should check out the Mississippi Bar Association and their member directory. [7]

    Your Questions

    Have more questions about drug possession laws in Mississippi?

    Feel free to ask them in the comments below. If you have more information to share pertaining to these laws or advice about Mississippi’s legal system, we’d also love to hear from you. We try to get back to everyone in a prompt and personal manner.

    Reference Sources: [1] Mississippi Legislature: House Bill 1031
    [2] Mississippi Legislature: Senate Bill 2379
    [3] Mississippi Code Ann. § 41-29-113
    [4] Mississippi First Circuit Court: Mississippi Rules of Criminal Procedure
    [5] State of Mississippi: Department of Corrections Records Handbook
    [6] State of Mississippi: Drug Court Rules
    [7] Mississippi Bar Association: MS Bar Association Lawyers

    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

  • 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

  • Top Ten Countries with the Strictest Drug Laws

    Top Ten Countries with the Strictest Drug Laws

     

    ARTICLE OVERVIEW: Some countries with strict drug laws also have the worst drug problems in the world. In this article, we look at these laws, their purpose, and how a country’s political motivations affect people. 

    ESTIMATED READING TIME: 7 minutes.

    Table of Contents:

    What Defines a “Strict” Drug Law?

    To define “strict”, we’ve had to form an answer based upon opinion. As we’ve observed in the U.S., public sentiment has varied about laws regarding marijuana use and possession. Some people do not see value in marijuana as medicine. Others felt that recreational use is completely justified. A counterculture fought back and, eventually, laws began to change.
    So, when are drug laws helping and when do they hurt? Are drug laws fair? Is sentencing for drug possession justified or unjustified? For example, in South Korea, you can be charged with a heavy fine as well as a long jail sentence for having a personal amount of cannabis on you [1].
    Though it’s agreed that even “softer drugs” come with their own dangers, we do need to examine punitive measures that governments take to try to regulate use or trafficking. These “strict drug laws” can include sentences such as:
    • Hard labor
    • Large fines
    • Long amount of time in jail
    • Sometimes the death penalty

    It should be noted, when it comes to fixing a drug problem, stricter laws may not necessarily curb use. What we need to do is work together to provide people with education as prevention. For those already struggling with a drug addiction, we not only need to provide them with this education but offer them to opportunity for treatment.

    With that in mind, let’s dive into our list of the countries with the strictest drug laws in the world.

    People struggling with addiction need treatment to get well.

    #10 – Japan

    To begin, over-the-counter medications have much stricter guidelines when compared to the United States [2]. Common necessities such as inhalers or certain allergy medications are illegal to carry in large supply, especially if any of the carry stimulants such as pseudoephedrine. If you’re planning to visit Japan, be aware that their law allows up to a two month’s supply of allowable over-the-counter medication and vitamins.

    When it comes to illicit drugs (anything from marijuana to heroin), Japan doesn’t mess around. If you’re are caught with any of these drugs, even if they were obtained legally elsewhere, you will be detained by customs officials and questioned. This, likewise, will happen for certain prescription medications when you enter Japan. Particularly, stimulants such as Adderall. Many American prescription medications are banned in Japan and, therefore, cannot be brought into the country by an American. However, if your prescription meets the Japanese laws, you will be allowed to possess up to one month of your medication.

    For those who do get caught within the country, you can expect harsher penalties for even just a minor offense [3]. For holding a small amount of drugs, you can be imprisoned anywhere from one to ten years with a fine of up to 5,000,000 yen (close to $45,000 USD). If you end up deported due to these breaks of the law, you won’t be allowed in the country for five to ten years.

    #9 – Vietnam

    When you’re caught with drugs in Vietnam, most of the time, you’re sent to a rehabilitation center. The Vietnamese government has a goal of cleaning up its citizens rather than punishing them. Especially due to the fact that drug use is on the rise in the country [4].

    However, there is a catch to these rehabilitation centers. Unlike those in Western countries which promote psychotherapies after detox, in Vietnam, you’re put into forced free labor. The biggest issue with this is prior addicts usually aren’t given any idea of a release date and can be held for long periods of time. Those who have gone against the rehabilitation centers, have reported that they’re often severely beaten by guards.

    #8 – China

    If you’re a drug dealer in China and caught by law enforcement, there’s a chance you’ll face the death sentence [5]. The roots of this conflict come from China’s cultural attitudes towards drug addiction. It’s considered to be a personal failure rather than a disease and, therefore, drug use is highly condemned.

    An issue China’s attempting to handle is the rising problem of illicit drug use. Like Vietnam, certain cities such as Beijing have incorporated punitive rehabilitation centers. However, in China, these facilities contain even harsher forced labor and consequences to those who don’t follow rules. The biggest issue with this is the state decides whether or not somebody is an addict. So, if you’re caught with a drug and it’s your first time using it, even though your body hasn’t adjusted to an addiction, you may still be considered an addict under Chinese law.

    This harsh punishment can also be witnessed in Chine detox centers. Standardly, it takes anywhere between a week to a few weeks for your body to completely detox from a drug. But in a Chinese detoxification center, you can expect to be in a forced detox for upwards of three years. This is followed by another three years within a rehabilitation center which normally should last less than a year.

    #7 – Singapore

    Strict laws are an aspect of life in Singapore which tend to take tourists by surprise. For example, according to Business Insider, you can receive up to a $1,000 fine if you’re caught littering. When it comes to drugs, these laws become even more consequential.

    Typically, drug dealers are executed if they are caught [6]. Yet, what Singapore considers a trafficker is very loose. People who are holding half an ounce of marijuana are considered dealers even if they’ve never shared their stash with anyone else. It’s due to these notions of drug users that make drug use in Singapore incredibly risky.

    In another example, if drugs are found on your property, you’re automatically assumed to be the possessor of them, unless you can provide reason otherwise. Even if you avoid the penalty of death, chances are you’re going to spend a large amount of time in jail for being in possession of drugs.

    If you’re planning to visit the country, it helps to understand which prescription medications are allowed and how to inform the authorities of your possession of them. You can find information on this here.

    #6 – Dubai

     As with many of the countries on this list, Dubai isn’t afraid to give you some long years in jail for possession. There’s a minimum of a 4-year jail sentence for having an illicit substance on you. Additionally, if you have traces of a drug within your bloodstream or urine, it’s automatically classified as a possession charge. Similar laws apply to those who actually get caught with drugs in their hands.

    These laws go as far as to charge you if you have poppy seeds on your clothing from eating something containing the ingredient. The biggest complication arises when considering how powerful the technology and security of airports located in Dubai are. It’s so strong that even residual amount of a drug will be found and cause complications with Dubai customs officials.

    #5 – North Korea

     It comes to no surprise that it’s rare for drugs to enter the North Korean territory. As can also be expected, little is known when it comes to North Korea and drugs as so little information can be obtained from the country. What we do know is possession of drugs can lead to the death penalty [7]. Furthermore, due to investigations within Taiwan and Japan, North Korea has been associated with large illicit drug shipments of methamphetamine and heroin [8].

    #4 – Indonesia

     Drug laws in Indonesia are similar to Dubai in the sense that they prosecute you for having drugs in your bloodstream. However, it’s their form of prosecution that really takes things to a new level – the death penalty.

    There is a zero tolerance policy for drugs within Indonesia. In 2009, a law was enacted which gave consequence to people who didn’t even take drugs. If your child is taking an illicit substance and you’re aware of it, you must report it to local authorities. If you don’t, brutal consequences will be carried out for the entire family.

    These harsh penalties aren’t kept from tourists either. There have been numerous accounts of foreigners being executed for being in possession of drugs.

    #3 – Iran

     Iran is one of the world’s largest opium producers (the main ingredient for heroin) and also has one of the largest drug problems in the world. Yet, their laws on drug use are extremely strict. So much so, it’s resulted in more than half of the country’s convictions to be that of drug charges. Yet, at the same time, there are efforts being made to curtail these force laws and, instead, help people struggling with addiction through treatment facilities.

    The biggest reason Iran is so high on our list is due to the fact that the country struggles economically and, therefore, some citizens produce large fields of poppy in order to make a living. With that in mind, it comes to no surprise many have fell victim to a heroin addiction. And prior to recent efforts, the penalties for drug possession have often resulted in death.

    When we consider these two factors – mass production of drugs with high drug use and very strict laws – an understanding develops as to why Iran is a dangerous place for a drug abuser to find themselves in.

    #2 – Islamic State (ISIS)

     The stakes are high in the territory captured by the terror group ISIS primarily because there are no official laws endated. Rumors have spread and leaders have spoken, but ultimately, there’s no true way to identify what you can and can’t do in the Islamic State. What we do know is public lashings are common for those caught in possession of drugs. Though this may not be as bad a consequence as the death penalties mentioned above, the real horror is nobody within the territory truly knows what they can and can’t get away with.

    Again, there are currently no written laws enacted for the people caught within the area. To top it off, it’s speculated ISIS is in control of various illicit trafficking in and around the mid-east. Therefore, they could be persecuting individuals committing crimes at a degree much less than their own.

    At the end of the day, the Islamic State is high on this list due to its harsh consequences and unpredictability involved around drug use and possession charges.

    #1 – Saudi Arabia

     What brings Saudi Arabia to the top of our list is, like some other countries listed above, execution is common for simple drug possession. However, the country isn’t afraid to publically execute criminals only to leave their bodies on display as a warning sign.

    The biggest issue within Saudi Arabia isn’t necessarily their drug issue, but rather their over corruption. Police aren’t afraid to prosecute even the innocent or torture them as a means of admitting to a false confession. In the first half of 2015, 100 criminals were publically executed. Half of them were non-violent drug offenders.

    Your Questions

    If you have any further questions pertaining to strict drug laws in other countries, we invite you to ask them in the comments section below. If you have any advice to give to our readers about these drug laws, we’d also love to hear from you. We try to respond to every comment in a prompt and personal manner.
    Reference Sources: [1] GOV.UK: Foreign Travel advice for South Korea
    https://www.gov.uk/foreign-travel-advice/south-korea/local-laws-and-customs
    [2] U.S. Embassy and Consulates in Japan: Traveling with Personal Medication
    https://jp.usembassy.gov/u-s-citizen-services/doctors/importing-medication/
    [3] Student Handbook: Drug Laws in Japan
    https://www.kansaigaidai.ac.jp/asp/pdf/current_students/01_student_handbook/Drug_Laws_In_Japan.pdf
    [4] Foreign Policy at Brookings: A Slow March from Social Evil to Harm Reduction: Drugs and Drug Policy in Vietnam
    https://www.brookings.edu/wp-content/uploads/2016/07/WindleVietnam-final.pdf
    [5] Foreign Policy at Brookings: A People’s War: China’s Struggle to Contain its Illicit Drug Problem
    https://www.brookings.edu/wp-content/uploads/2016/07/A-Peoples-War-final.pdf
    [6] Today Online: Significant support for death penalty
    https://www.gov.sg/news/content/today-online—significant-support-for-death-penalty
    [7] U.S. Department of State: U.S. Relations with North Korea
    https://www.state.gov/r/pa/ei/bgn/2792.htm
    [8] CIA World Factbook on Korea
    https://www.cia.gov/library/publications/the-world-factbook/geos/print_kn.html
    Chronic Diseases and Translational Medicine: Integrated medical rehabilitation delivery in China
    https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5627700/
    Human Rights Watch: 100 Executions in 2017
    https://www.hrw.org/news/2015/06/16/saudi-arabia-100-executions-january-1#

    View the original article at addictionblog.org