What an interesting post. Funny because I’ve lived this law.
I’m from MA and I’ve been Section 35’d by family, did 2 weeks in the shit hole in Bridgewater.
I can see both sides of the argument, but no it is not humane to answer in short. No one should ever be forced to do something they personally do not want to do.
On the other hand, in my addictive history I have NEVER stopped using drugs even ONCE on my own will. Every time I have EVER gotten sober it was a forced situation in which I had no choice (jail, homelessness, probation, etc)
So in the name of potentially saving someone’s life because they are UNABLE to see sobriety as even a POSSIBILITY. This law has some logic behind it, and I fucking lived it I was arrested on a warrant for Section 35 and i was sentenced to do this bullshit.
If an addict can not get sober on his own will and it is necessary to forcefully be required to be removed from society, is it for the greater good? It’s a damn good debate to have and I can are both sides of the debate... because not only have I lived it but I can see them regardless.
Idk about you people, but personally as a drug addict when I am in active addiction getting sober is not something I just do. Every time it’s happened I either get arrested or a huge life altering event convinced me it’s time to stop shooting heroin.
Let me ask you something. You say you've never stopped of your own free will. Where does substitution therapy fit into all this? Was it an option but one you were unwilling to try? An option you tried but weren't able to stay on without continuing to use? Not an option at all?
I ask because I believe I'd still be on heroin if I hadn't had access to the methadone program. And more specifically, an implementation of the methadone program not managed by idiots.
Even taking your argument into account though, the confinement needs to be to a medical facility. Not jail. That's still completely unethical regardless of anything else.
Not to mention the danger to the addict this poses. Being forced to get off drugs entirely when you're still wanting to use means it's likely you will go straight back to using. Only since you now have a low tolerance, you're much more likely to overdose. You mentioned yourself how every time you've gotten clean it was by force. Which means you still started using again. That's dangerous. When you start with little or no tolerance is when the risk of overdose is at its highest.
And finally. I still think this whole argument falls apart when you consider that we could just provide pharmaceutical heroin to keep addicts from hurting other people. It's done in other developed countries. It works. We don't need to use less humane methods, and so we shouldn't.
Frankly, by the point where I'd say confinement is acceptable. It would have to be that the addict is still committing crimes against members of the public, like theft or whatever. In spite of being able to get heroin through a state medical program, and at that point I suspect the crimes aren't that likely to even be because of drug addiction anymore, and we're back to the normal criminal justice system.
Some are gonna argue back that we aren't gonna get a state medical heroin program like in the UK, but this is all hypothetical anyway. We are all just talking about how we think things SHOULD work anyway.
But taking it off the table just for the sake of debate, if still only accept confinement where methadone and subuxone therapies have failed, AND there has been at least a couple chances to change, and then only to a medical facility designed to help them. Jail is out of the question.
Confinement based on helping the addict get clean is also unacceptable. Not just for moral grounds, but because it's stupid. Forcing someone to get clean before they're ready means they'll just go use again when they get out. And having their tolerance fluctuate so much greatly increases the risk of overdose. So that arguments bs.
Some will also ask why addicts should be given so many opportunities to change before confinement. To that I would say that addicts lives have value too. Unless they are putting the lives or health of others in real danger because of their actions, it can't be justified subjecting them to a punishment that increases their risk of early death. Humans are worth more than "stuff".
Sorry for such a long post, but its a complex argument.
