Uncle Sam Wants Drug Users to Defend Their Rights

Jacob Sullum | February 2, 2005

David Boaz pointed me to a pamphlet from the U.S. Department of Health and Human Services that hilariously illustrates the government's schizophrenic approach to drug users, who are considered patients in need of treatment and handicapped people in need of accommodation as well as criminals in need of punishment. The text of the pamphlet is not available online, but you can order a (free!) hard copy here. "Are You in Recovery From Alcohol or Drug Problems?" the cover asks. "Know Your Rights," it urges.

The pamphlet explains that addicts are protected by the Americans with Disabilities Act if their drug use "substantially limits" one or more "major life activities," the law's definition of disability. But they are not protected if they are currently using drugs, only if they have a record of using them. Hence they are disabled only if they are no longer disabled.

In any event, federal law protects recovering drug addicts against discrimination in employment, housing, and education--except when it requires such discrimination. People convicted of drug possession, for example, are barred from public and Section 8 housing for three years. They cannot be denied job training, but they're excluded from consideration for federal college loans, and their driver's licenses are suspended for at least six months (unless their state opts out of that requirement), which could make it difficult for them to keep that job to which they're entitled.

Of course, the one right drug addicts emphatically do not have is the right to be left alone--or to keep their freedom. If they happen to be caught with a substantial quantity of the wrong drug, they can be imprisoned well past the point when they become recovering drug addicts and are therefore protected by the ADA. As employees, they would have a right to up to 12 weeks of unpaid medical leave for drug treatment. But as prisoners, they have a hard time taking advantage of that provision.

Comments

SteveInClearwater|2.2.05 @ 1:49PM|#

Brings to mind that an increasingly common public policy response to illicit drug use is the Drug Court system.

drug courts provide a less destructive public policy response than does straight incarceration.

The drug court's fatal flaw is a failure to make any distinction between the use and the AB-use of a drug, most notably marijuana.

We're already seeing it in news reports nationwide over the past 5-6 years.

Here in Florida where the drug court system was first introduced, even a single use of an illegal drug constitutes 'AB-use' and the 'sick' citizen is thus arrested and forced into treatment. Thus the well intentioned drug court model becomes jammed with 'clients' whose need for drug treatment is no more so than an alcohol user who drinks a sixpack on the weekend, or enjoys wine with his meals.

Treating the vast majority of marijuana use and in many cases, occasional use of other illegal substances, as something in need of a state-funded 'cure' is a disaster in the making. Taxpayers are forced to watch millions of dollars go into 'curing' someone who smokes small amounts of pot or enjoys occasional use of other drugs at home.

Most harmed are the many real drug abusers left waiting for needed help behind otherwise law-abiding citizens whose only crime was possessing small amounts of drugs and being caught by authorities.

The best solution? Legalize and regulate responsible adult use of drugs and provide drug treatment on demand for those truly in need and seeking help.

No need to cage otherwise law-abiding citizens and no need to qualify them as 'disabled' citizens worthy of redistributed public tax dollars.

|2.2.05 @ 2:24PM|#

The best solution? Legalize and regulate responsible adult use of drugs and provide drug treatment on demand for those truly in need and seeking help.

I like what Daly wants to do in Chicago. As long as you're not dealing - if you're caught in public with it - you get the equivalent of a speeding ticket.

Stay home and smoke people.

|2.2.05 @ 2:27PM|#

"Stay home and smoke people."

I'd rather smoke bud then people.

|2.2.05 @ 3:58PM|#

You'll probably get in less trouble for smoking people, though...
Phrases such as "I smoked his ass" are becoming as common as "I don't smoke that shit" in some quarters.

|2.2.05 @ 4:06PM|#

Eats, shoots, and leaves.

|2.2.05 @ 5:11PM|#

You are making a distinction between use and abuse of drugs where none exists. With alcohol there is clearly a difference, it is possible to use alcohol responsibly, whereas with drugs it is not possible.

|2.2.05 @ 5:12PM|#

I don't know why people use the drug. It damages the brain and ruins lives, there are som many more productive things to do with your life.

|2.2.05 @ 5:17PM|#

All the problems what we got with the drugs is because of the white mans descrimination.