Also known as: drug abuses · substance abuse · narcotic abuse
Written by attorneys · grounded in primary & secondary sources — see below
The detrimental state produced by the repeated consumption of a narcotic or other potentially dangerous drug, other than as prescribed by a doctor to treat an illness or other medical condition.
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Dominic Drake, a sitting judge, repeatedly missed court dates and failed to appear for scheduled hearings after using illegal substances. Despite entering treatment, the pattern of unavailability continued. The judicial conduct commission found his drug abuse constituted conduct prejudicial to the administration of justice and gross dereliction of duty, resulting in removal from office and denial of retirement benefits.
Destiny Davis was fired from her job after testing positive for peyote used in a religious ceremony. She applied for unemployment benefits, arguing the use was protected. The state denied benefits because the drug abuse violated generally applicable criminal laws, and the denial did not violate free exercise protections.
Daniel Diaz worked as a railroad engineer and was subject to mandatory blood and urine testing after a train accident. He challenged the tests as unreasonable searches. The testing was upheld because drug abuse by employees in safety-sensitive positions creates a serious threat to public safety that justifies the intrusion.
Denise Donovan was convicted of homicide committed during a drug-related robbery when she was fourteen. The court imposed a mandatory life sentence without parole. The sentence was invalidated because drug abuse involvement by a juvenile does not permit a punishment that denies any chance for release based on maturity and rehabilitation.
Derek Douglas was sentenced to life without parole for possessing a large quantity of cocaine. He argued the punishment was grossly disproportionate to the offense. The sentence was upheld because the legislature could reasonably conclude that the violence, crime, and social harm caused by such drug abuse justified the severe penalty.
Danielle Dixon grew marijuana at home for personal medical use under state law. Federal agents seized the plants under the Controlled Substances Act. The seizure was upheld because Congress could rationally conclude that home production of the drug for personal use affects interstate commerce and contributes to the national problem of drug abuse.
Drug abuse by a judge that produces chronic absenteeism and unavailability can constitute conduct prejudicial to the administration of justice and gross dereliction of duty. Such conduct undermines public confidence and demonstrates lack of fitness, justifying removal or denial of benefits even when the judge seeks treatment.
No. A state may deny unemployment benefits to a person discharged for using a controlled substance even when the use occurs for religious reasons. The prohibition on drug abuse is a neutral law of general applicability that does not violate free exercise protections.
…the States in the exercise of their undoubted power to promote the health, safety, and general welfare”). As we recently noted, drug abuse is “one of the greatest problems affecting the health and welfare of our population” and thus “one of the most serious problems confronting our society today.” Treasury Employees v. Von…
…in Detroit were drug related, primarily cocaine related. U. S. Department of Health and Human Services, Epidemiologic Trends in
…jury room, simply are not within the rule," but cites no authority in support of the suggestion). Rather, petitioners argue that substance abuse
…regulations, orders, and standards for all areas of railroad safety." 84 Stat. 971, 45 U.S.C. § 431(a). Finding that alcohol and
…In addition, the Institute for the Study of Homelessness and Poverty reports that homelessness results from mental illness, substance abuse
Employers in safety-sensitive industries may require blood and urine testing after accidents or safety violations. The testing is reasonable under the Fourth Amendment because drug abuse by such employees poses a serious threat to public safety.
Yes. A juvenile convicted of homicide committed in the course of drug-related activity cannot receive a mandatory life sentence without parole. The sentence must allow some opportunity for release based on demonstrated maturity and rehabilitation.
A life sentence without parole for possessing a large quantity of cocaine is permissible when the legislature reasonably concludes that the violence, crime, and social displacement caused by such drug abuse warrant the punishment.
Yes. Congress may prohibit the home cultivation of marijuana for personal medical use because such activity, taken in the aggregate, affects interstate commerce and contributes to the national problem of drug abuse.