Legal Consequences Of Addiction: Getting Help

Many crimes are associated with drug and alcohol addiction. While some crimes result from being under the influence of substances, others are motivated by the compulsion to acquire money or material goods to purchase more drugs or alcohol. Other crimes entail transporting drugs from one place to another or purchasing them for personal use.

Being under the influence clouds the mind and makes someone more vulnerable to impulsive decision-making. Without the ability to think rationally, there’s a greater chance of becoming involved in serious situations that carry harsh penalties. Learn about some of the drug-related crimes in Massachusetts and the legal consequences of addiction.

Drug-Related Crimes In Massachusetts

The state of Massachusetts is in the midst of a drug epidemic, which is largely driven by opioids. Though the COVID-19 pandemic significantly exacerbated the state’s drug problem, the rate of drug overdose deaths nearly tripled from 2011 to 2021, from 12.7 deaths per 100,000 people to 36.8 deaths per 100,000 people, according to research from KFF.

More drug use coincides with more drug-related crimes. In 2023, drug crimes made up nearly three-fourths (73.7%) of all crime in Massachusetts, according to Massachusetts Crime Statistics. From 2022 to 2023, drug violations increased 7.9% and arrests made due to drug violations increased 12.56%. The majority of drug-related crimes in 2023 involved possessing/concealing drugs (68%) and in most cases, the drugs seized were illicit drugs such as heroin and cocaine (69.3%). Incidents of driving under the influence also increased: In 2023, there were 8,156 DUI cases, up 5.62% from the previous year.

While the above-mentioned statistics include statewide data, the figures for Boston are even more concerning. In Boston, drug violations increased 15.82% from 2022 to 2023 and drug violation arrests rose 26.5%. The majority of drug crimes were nearly evenly split between distributing/selling (48.4%) and possessing/concealing (47%). Incidents of driving under the influence also increased 13.85%.

Case Management During Addiction Treatment

Addiction treatment is one of the most significant ways to improve the quality of life for a person with a substance use disorder (SUD). When not in the grips of addiction, it’s possible to live a satisfying and rich life that doesn’t involve the legal system. Likewise, addiction treatment can play a role in lowering the rates of drug-related crime in any given area.

Case management is one of the particularly helpful resources available to people in treatment. It works by considering each individual on a case-by-case basis rather than proposing a one-size-fits-all recovery plan. In treatment, people are assigned case managers who work with them to identify their specific needs and goals, and connect them with the appropriate resources. By addressing all the person’s needs—medical, emotional, psychological, behavioral, social, and functional—case management helps to keep the focus on substance abuse treatment and encourages the individual to complete treatment, according to the Substance Abuse and Mental Health Treatment Administration (SAMHSA). In many cases, this includes access to legal assistance.

The structure of case management can make completing treatment easier by serving as a resource for all components of care and support. Not to be confused with care management, case management primarily focuses on supporting the individual as it relates to their substance abuse treatment while also considering the different components of their lives and helping them overcome potential obstacles.

According to SAMHSA, some of the main activities involved in case management include:

• assisting with goal planning
• making referrals to necessary resources
• providing therapeutic services aside from identifying resources
• responding to crises
• serving as an advocate

Bedrock Recovery Center has full-time case managers on staff whose responsibilities include helping clients navigate mental and emotional challenges and improve their quality of life. Bedrock’s case managers help with everything from arranging transportation as needed, to providing legal assistance, to helping with Family and Medical Leave Act (FMLA) paperwork or other employer communications during treatment. In addition to being a source of support and guidance throughout treatment, case managers here are also integral in developing an aftercare program for each client.

Substance Abuse And Associated Crimes

Many crimes are associated with substance abuse. Some crimes are more severe than others depending on the nature of the act, the drug(s) in question, whether the individual is a prior offender, and other factors.

Generally, drug-fueled crimes typically fall under three categories:

• crimes that involve having drugs on your person or among your property
• crimes committed to obtain money or goods, which are then used to purchase drugs
• crimes committed while under the influence and/or exacerbated by impairments due to substance use

Keep reading to learn about some of the most common crimes related to drug and alcohol use.

Possession

Possession is when a person knowingly has small amounts of a controlled substance or substances. If the weight of the substance exceeds a certain amount, then it may be considered possession with intent to distribute, which carries a more severe penalty. Regulations for possession may differ depending on the substance in question and/or the state where the charge is issued. According to the U.S. Sentencing Commission (USSC), at the federal level, someone can face up to five years of jail time for possessing 5 milligrams (mg) of methamphetamine (meth) or 500 mg of cocaine.

In Massachusetts, controlled substances are recognized across five classes: A, B, C, D, and E. Class A controlled substances carry the most severe charges and include fentanyl, heroin, morphine, methamphetamines, ketamine, ecstasy, and GHB. For example, the first time a person is charged with possession of heroin in the state, they can face up to two years of incarceration and $2,000 in fines.

Trafficking

Drug trafficking is the intent to distribute, dispense, and/or manufacture a controlled substance. Even if a person isn’t and doesn’t intend to traffick drugs, the amount of drugs in their possession may be classified as trafficking under the law. Drug trafficking charges are serious legal consequences of addiction and can result in lengthy sentences. Some people with active addictions also become involved in drug trafficking as a way to fund their drug use.

Because trafficking perpetuates the cycle of addiction, federal and state legislators work to discourage these illicit behaviors. In Massachusetts, people who are charged with trafficking a Class A controlled substance can face up to 10 years in a state prison or 2.5 years in jail, and a fine of $1,000 to $10,000 for a first offense. Charges are more severe for intent to sell to minors.

Operating Under The Influence (OUI)

In the state of Massachusetts, there is no distinction between DUI and driving while intoxicated (DWI), though it is recognized here as OUI, or operating under the influence. A person may receive an OUI charge if they are found to operate a motor vehicle while under the influence of alcohol and/or drugs, such as marijuana, depressants, stimulants, and/or opioids. Even if the controlled substance is a legal prescription, the person can receive an OUI charge.

In the state, it is prohibited to operate a motor vehicle while under the influence of a controlled substance. Even though recreational marijuana use is legal in Massachusetts, driving under the influence of marijuana is illegal. The federal legal limit for operating a motor vehicle under the influence of alcohol, for people aged 21 and older, is 0.08% for passenger vehicles and 0.04% BAC for commercial vehicles. Although states can enforce a lower BAC, the legal limit is also 0.08% in Massachusetts.

When people drive under the influence, they threaten the well-being of themselves and others. To curb this behavior, OUI charges can carry significant penalties. For a first offense, for example, a person can face up to 2.5 years of incarceration, a fine of $500 to $5,000 and other fees, and have a suspended license for up to a year. Having a total of three or more OUI charges is considered an automatic felony and felony OUIs are punishable by up to five years of incarceration, a fine of $2,000 to $50,000, indefinite loss of license, and forfeiture of their vehicle to the state government.

Theft, Embezzlement, And Other Financial Crimes

Financial crimes are also frequently associated with or motivated by drug or alcohol abuse. When someone is without the necessary funds to acquire their drug of choice, they may consider unlawful alternatives, such as scams, theft, embezzlement, fraudulent charities, and more. Some crimes are of a larger scale than others and carry significant penalties. Examples of such crimes include stealing from a family member, robbing a convenience store, or theft of company funds.

Domestic Violence

Domestic violence, also known as intimate partner violence, is aggressive behavior and/or physical, emotional, psychological, emotional, or financial abuse towards a spouse or family member. Domestic violence doesn’t always coincide with substance abuse and vice versa, but substance abuse increases the likelihood of domestic violence.

When a person is under the influence of drugs or alcohol, it can cause personality changes. When substance abuse is a factor in relationships, it encourages toxic patterns of behavior and overall dysfunction. According to Connections for Abused Women and their Children (CAWC), drugs are involved in 40% to 60% of domestic violence cases. It’s important to note that domestic violence can affect anyone, regardless of age, gender, or other demographic factors.

Domestic violence charges may be classified as a misdemeanor or felony, depending on the nature of the crime. If a person is arrested more than once for domestic violence, they will face felony charges. Regardless of the classification, anyone arrested for domestic violence in the state must be placed in a holding cell for six hours. If the judge determines there is a risk of safety to the individual and/or others, they can be jailed without bail until trial or up to 120 days.

Assault And Battery

Assault is harm done recklessly from one person to another, or fear of imminent harm evoked on someone. Examples of assault include threatening to harm someone or making a threatening gesture, punching, hitting, shoving, and kicking. Battery is unwanted contact from one person to another that is done intentionally and without their consent. Examples of battery include spitting, throwing something, groping, unwanted sexual contact, touching, hugging, and kissing.

When a person is under the influence of drugs or alcohol, they may behave irrationally, dangerously, and uncharacteristically. Likewise, substance abuse increases the likelihood for actions to occur that fall under the breadth of assault and battery. In the state of Massachusetts, assault and battery is punishable with up to 2.5 years incarceration and fines up to $1,000. Other factors can make the sentencing more severe, such as if the offender has prior convictions or uses a weapon, and/or the victim is injured or pregnant.

Prescription Fraud

Prescription fraud is the effort to deceive a doctor and/or acquire prescription medications under dishonest pretenses. Some controlled substances, like opioids and benzodiazepines, are available as prescription medications. When taken appropriately, these medications can improve the quality of a person’s life; for example, the medicines can help ease anxiety or lower pain levels. However, someone with an SUD may seek to get ahold of these substances via a prescription with the intent to use them recreationally.

Prescription fraud is committed in a few different ways. For example, forging prescriptions, “doctor shopping”—visiting multiple doctors for the same “issue” to collect multiple scripts—using another person’s prescription, and lying about health conditions. For a first offense, people found guilty of prescription fraud face up to 2.5 years of incarceration and/or fines up to $30,000.

Prostitution

Prostitution is when a person provides sexual favors in exchange for payment. Payment can be monetary or may include physical items or other services. Prostitution, also known as sex work, is not always associated with drug abuse, but drugs are prevalent in the world of sex work. According to BMJ Open, drug use is specifically prevalent among sex workers who work on the street, also known as street sex workers (SSWs), presenting a significant risk of health and safety to these people.

Someone who does sex work may start as a way to fuel their drug habit. Others may start using drugs more heavily as a way to cope with the demands of their job. Still, others may be encouraged to use drugs because they are readily available, especially in a street environment. In Massachusetts, prostitution charges may include up to a year of incarceration and/or a $500 fine.

Child Custody And Family Law Issues

When a parent or caregiver uses drugs, their actions can have potential lifelong effects on their children or dependents. Family courts in the state take parental drug abuse seriously and evoke restrictions accordingly. These courts are responsible for ensuring the safety of the children involved and take all necessary steps to do so. Parents engaged in active substance abuse can be legally prohibited from seeing their children, i.e., receive loss of child custody or visitation. These are arguably among the harsher legal consequences of addiction, affecting both the parent and child. One-third of the children in foster care in 2017 were placed there because of their parents’ substance abuse, according to the research organization Child Trends.

Probation And Parole Violations

Probation is when a person is under supervision for a time but is not incarcerated. Parole is a condition of release that allows people who are incarcerated to finish a portion of their sentence in the free world. There are conditions of both probation and parole, and one of them typically involves abstaining from using drugs or alcohol. Judges can make sobriety a condition of probation or parole. When someone violates the terms of their parole or probation, they risk having stricter conditions implemented or returning to jail and/or receiving new charges.

Potential Consequences Of Crimes Related To Substance Abuse

The consequences of crimes related to substance abuse may be wide-sweeping and life-changing. While being faced with the prospect of legal consequences motivates some people to pursue a life without substances, the added hurdles can cause some people to fall deeper into a lifestyle of addiction and crime. Legal consequences of addiction are largely implemented to protect public safety and dissuade such behaviors.

Community Service

A judge may sentence first-time offenders of minor, non-violent crimes to community service as a way for them to contribute positively to their communities and avoid jail time. Offenders are issued a set number of community service hours, such as 100 hours, to complete within a specified period of time.

Examples of court-ordered community service work include:

• cleaning up graffiti
• removing garbage from roadways, beaches, public parks, sidewalks, etc.
• volunteering at an animal shelter, soup kitchen, charity-run stores such as Goodwill, or group homes

Rights Restrictions

For people who are charged with and found guilty of drug-related crimes, a condition of their sentencing may include restrictions on their rights. One of the most commonly known rights restrictions is the temporary or indefinite loss of their license. In Massachusetts, someone convicted of a second offense of possession of a Class A, B, or C substance with intent to distribute can lose their license for four years. Further, people convicted of a third offense of OUI will lose their license for eight years. People who have three or more prior OUI offenses and refuse a chemical test will lose their license indefinitely, according to Mass.gov.

House arrest is another type of rights restriction. Although being on house arrest allows more freedom than incarceration, it also entails strict rules such as adhering to curfews, wearing an ankle monitor, remaining sober, and needing to receive approval before leaving the home for anything other than work or doctor visits. Other restrictions include losing the right to vote, not being permitted to serve on a jury, and loss of access to some housing assistance programs.

Loss Of Child Custody

Losing custody over a child is among the most heartbreaking legal consequences of addiction. Nonetheless, if parents actively use substances, they also actively endanger the well-being of their child. In some instances, the outcomes are grave. The courts in Massachusetts take parental drug use seriously. If one parent can present evidence of ongoing incidents involving substance use that can affect their child’s well-being—such as through witness statements, police reports, and written and recorded communications, such as emails or voicemails—the parent in active addiction can lose custody. Even if full custody is granted to one parent, the other parent can be denied visitation entirely if they continue using drugs and alcohol.

Employment Impediments

When someone is considered for a job, in most cases they are required to present documentation and undergo a background check. Some documentation may ask about prior felonies or criminal incidents. Although some positions do not discriminate against prospective employees due to their criminal past, there are other jobs where potential drug or alcohol use can present a major risk, such as when operating heavy machinery, supervising children, or fulfilling caregiver roles for senior adults and/or people with disabilities.

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees or prospective employees who have a history of substance abuse. However, substance abuse on its own is not always associated with criminal activity. Some employers uphold strict zero-tolerance policies for drug-related crimes. Some certificates and professional licenses can be compromised and revoked as a result of drug charges. Unfortunately, the effect of having a drug offense on your record, especially a felony, can be long-standing when it comes to employment.

Travel Limitations

Drug offenses can result in federally enforced travel restrictions. If a person is charged with a drug offense, the federal government can revoke their passport, thereby prohibiting international travel, for the duration of their sentence, according to the Collateral Consequences Resource Center. In addition, there are also some countries that prohibit entry for people with criminal records. Canada in particular does not permit Americans with any drug charges to enter unless they present a Temporary Resident Permit (TRP) that states a clear and important reason for them to enter the country, such as for business.

Immigration Issues

Likewise, people with criminal records that involve drug charges are generally prohibited from legally entering the U.S. and applying for a green card. People with drug trafficking aggravated felony charges are entirely prohibited from immigrating to the U.S., according to the Immigrant Legal Resource Center. Once in the U.S., any offense related to a controlled substance is grounds for deportation.

Incarceration

Incarceration is essentially stripping someone of their most precious right, which is their personal freedom. Although some jails and prisons permit inmates to participate in certain activities, like exercise in an onsite fitness center, visit a library, earn a college degree, and maintain a job, these are privileges that may be provided and revoked. Inmates obviously cannot come and go at their leisure from the prison, and all their activities are strictly monitored. Some drug crimes entail short-term sentences of a year or two—which is still not necessarily a “short” period of time—while others carry sentences that span several decades. Either way, being incarcerated significantly changes a person’s lifestyle and affects their relationships with loved ones.

Rehabilitation As An Alternative To Incarceration

Depending on several factors, some drug courts may mandate an individual to attend an addiction treatment program in lieu of incarceration. Known as diversion programs, these alternatives aim to rehabilitate people from substance use disorder (SUD) as opposed to punishing them. The intent is for offenders to develop the skills during treatment to overcome their SUDs and for those skills to ultimately dissuade them from reoffending.

Not everyone is given the option to choose rehab over incarceration. However, those awaiting sentencing for a drug-related crime, and who are not incarcerated while awaiting sentencing, may voluntarily receive treatment to overcome their addiction and demonstrate their willingness and commitment to change to the judge.

If rehabilitation is not an option and the person is sentenced, prisons typically offer SUD recovery resources, such as Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings.

Find Freedom From Addiction

If you are dealing with a drug or alcohol addiction, you don’t have to handle it alone. Help is available whenever you’re ready. Call Bedrock Recovery Center for more information today.