No arrests for drug use – only for related criminal acts
"Addiction is a disease, similar to diabetes or high blood pressure, and users cannot be arrested because they are suffering a disease. They can only be arrested due to illegal activities that result from their substance abuse, for example theft or possession of drugs"
VANDERBIJLPARK. – Vaalweekblad recently published a report “Parents can now have addicted kids arrested for treatment” (Vaalweekblad 14 February 2018), which created some confusion, says Magriet Botha, director of SANCA Vaal. Ms Botha says she was quoted incorrectly, as people cannot be arrested for drug use alone, but only for criminal activities related to their substance use.
“Addiction is a disease, similar to diabetes or high blood pressure, and users cannot be arrested because they are suffering a disease. They can only be arrested due to illegal activities that result from their substance abuse, for example theft or possession of drugs,” says Ms Botha.
She says SANCA Vaal Triangle received many phone calls from desperate parents after the article appeared.
“We have once again learned how many families are burdened, traumatised and suffering because of substance abuse or addiction of a family member,” she says.
“Although you can not have your addicted loved one arrested for substance abuse per se, there are other steps that can be taken before laying charges.
Book a counselling session with an addiction therapist or psychologist or join a support group for family members. Support groups empower traumatised loved ones to understand addiction and to set healthy boundaries for the addicted person.
“Encourage and support him/her to get professional treatment. Start to practise tough love to bring them to a point where they discover that they need help.”
More valuable tips for addicted people’s loved ones:
Firstly, identify your own enabling behaviour e.g. to: bail them out, lend them money, pay their bills, allow them to handle any money, don’t lie on their behalf, don’t be a crutch and protect them against the consequences of their behaviour. Addicted persons will manipulate, lie, play victim and even become aggressive in order to feed their addiction. Don’t fall for it.
If your safety and security or any of your property is at risk, you have to take immediate action and seek help. This may even include laying a criminal charge against them or getting a protection order. Don’t set rules and consequences that you will not be able to manage.
The court usually refers first time offenders (substance abuse related) for a diversion program to accredited centres. A diversion program is preventative and educates people on the harmful effects of drugs or alcohol and a healthy lifestyle.
It is always best that a person is motivated and willing to go for treatment. If a person refuses treatment and the steps taken by loved ones are not reaping fruit, he or she can be committed with a court order for treatment. The law does make provision for involuntary admission to a rehabilitation center when the person is, for example a danger to him/herself or to the immediate environment, or commits a criminal act to sustain his/her dependence on substances. A sworn statement has to be submitted to a public prosecutor by a social worker, community leader or person associated with such a person.
“Realise that, even if you desperately want your loved one to stop using drugs/alcohol, it ultimately remains their own decision and choice to stop their drug/alcohol use.”
For more information, visit SANCA Vaal Triangle, 9 Einstein Street, Vanderbijlpark, or contact them on (016) 933 2052/5.
