Problems with people, people with problems: Redefining “Addict” in Nevada Law

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

...to ensure that persons affected by addictive disorders are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disorder...

This act becomes effective on July 1, 2019.

It started when I lost my….

This is not that kind of story. The story of this state’s addiction epidemic starts and ends in this paragraph. I’ve heard them, over and over again. I’m empathetic, and I admire and honor those who braved stigma to tell their stories and share their tears. And for many, that’s where it goes, into an endless cycle of sorrow. And for some in that cycle, what we have accomplished here will rob them of their cross, their thunderous roar against injustice. 

Because now, we have reversed the injustice in the law. Now the wheels turn forthe person affected or afflicted by addiction. Because now, the law recognizes our core humanity first and foremost. From now on, we will stand on equal footing before the judge. And each of those stories is now more powerful, in orienting our communities to the incredible value of recovery. 

And I am NOT sorry about that at all. 

Why was this so important.

Every day a Nevada family loses someone to addiction. If we want to help, first we have to call it what it is. How much does it matter what they were addicted to if all addictions were treated the same before the law? That’s why this law is a critical first step.   

The historic day. 

On May 24, 2019, the Nevada Legislature unanimously approved Assembly Bill 367 (AB367), purging Nevada’s Revised Statutes and Administrative Code of stigmatizing language for people with addiction. Words like “Drug Addict,” “Alcoholic,” “Drug abuser,” “Problem gambler.” Instead, Nevada’s law will use first person language like "person with an addictive disorder.” This person first language focuses on the person with the problem, rather than the problem with the person. 

Nevada is the fourth state to enact revision language in this manner: Maine, Rhode Island, and Washington have each passed similar legislation.  

Addictions will be treated the same regardless of the object

First, these words are both more inclusive and precise. Addiction and recovery occur in many forms. Too often, addiction focused on the object of the addiction, like drugs or alcohol. This leads to a disparate view of the impact of addiction on individuals, families, and communities. Suggesting that the substanceor action is the problem, and thus addressing the substanceor activity should remedy the addiction. 

This approach led to the “Just say No” concept. It also led to the criminalization of the substance or the impact of the action. However, the problem with this approach is that a person with alcohol use disorder (AUD) is treated very differently than someone with substance use disorder (SUD) or addictive disorder related to gambling or any other non-substance addictive disorder. 

What’s the difference?

Consider the different crimes and penalties associated with substance addictions. Alcohol is available everywhere and a revenue generator for the government. Yet, it has the highest rate of addiction. It’s not illegal to possess alcohol (unless you are a minor).

However, the possession of heroin, cocaine, or meth, are serious crimes. Anyone caught in possession of these substances has committed a crime regardless of whether or not they are addicted to them. The government may offer assistance with addiction to these substances, but the crimes remain. 

In Nevada, gambling is legal (like most states if one considers lotteries). A person addicted to gambling may never come in contact with the law unless a crime was committed in support of gambling. In this case, the action is irrelevant from the crimes - even though the addiction is a legitimate mitigating factor. Additionally, the impact on individuals, families, and communities is the same. 

Addiction is about the impact, not the substance…

When someone is evaluated by a professional or considering their own experience with the use of substances or behaviors, the level of impact on the person’s life, family, and ability to cope with daily living is considered. Most people can drink, gamble, or take prescribed medications without developing an addiction. Some can’t, and the course of the addiction will cost them, their families, employers, and our communities considerably in terms of money and talent lost.

Regardless of the object of the addiction, with this new person-centered language, alladdictions will be treated equally under the law.And it is indeed the hope that the afflicted will be given a chance at recovery.  

Recovery is for anyone who wants it.  

Since the law will treat all addictive disorders the same, recovery from these will be accessible to more people. If public resources are targeted to those with substance use disorders exclusively, then all of those with other addictive disorders are denied access to those resources. By rephrasing the law, these resources will be made available to everyone with any type of addictive disorder, this expands opportunities for recovery to more people. 

“Use” and “Abuse” are not the same. 

Think of the word “abuse.” When someone “abuses” something, they hurt it, it doesn’t hurt them.  So, when someone is described as being a substance or alcohol abuser, it literally means they are harming the substance. This is why, over time, professionals and people in recovery revised the terminology to describe the issue more precisely. Some people use substances in a way that causes compounding harm in their lives. The substance itself is working, and unharmed when this happens. 

Nevada will be the Fourth state to revise its laws in this way. 

Maine, Rhode Island, and Washington have each passed laws revising their state laws to refer to a person with addictive disorders. Nevada will be the fourth, and others will likely follow suit. 

This is so important to the people of each of these states because this person first language will orient the whole of the state government towards addressing the person with the problem, rather than the problem with the person.  It may seem like a small thing, but it is really huge. 

In Nevada, for example, the statutory definition of “Drug Addict” will be revised. According to NRS 458.290, a judge determines if someone is a "drug addict." This means that lawyers could argue before the judge in making this determination. 

Now with the new language, the adversarial legal process considering these words will be focused on the “person” with an addictive disorder. This reminds everyone involved that they are actual people, not problems. Using person-first language represents a paradigm shift for the entire system, including the person with the addictive disorder. 

More likely to ask for help when they realize the condition is real, and not just a “bad person.” 

For decades, the government believed it could scare the addictive behavior out of people. And for decades this has failed. In fact, most people believe that people in recovery from addiction are valuable to their communities and families. 

 It’s important to note that this new language DOES NOT, nor is it intended to limit the ability of the government to protect its citizens. Crimes will still be dealt with, and public safety will always be considered paramount. But this language will distinguish the offense from the condition, increasing more equal treatment by the law in all cases. 

 Major first step

The most valuable piece of this legislation, and why it is so crucial in Nevada is addressing the real issue head on. Many people, including lawmakers, want to help people struggling with addiction, but they don’t know what to do or where to start. This is the same for people with addiction, they want help, but they don’t know what to do or where to start. The stigma around these issues is so strong that no one feels safe talking about it.  

With this new language, Nevada is being very clear about establishing a foundation for how it will help its citizens who are impacted by addiction. By first, valuing and remembering that the law is intended to help people, not dispose of them. The ripple effect of these revisions will impact every law and rule crafted by all agencies of government. Government and citizens will need to continue to have the discussion on how to help people with addictive disorders, but the first step has been completed…..speaking in the truth about what addiction is and how recovery can start. 

It’s a good day in the Sagebrush State. 

Trey Delap, M.A.is Director of Group Six Partners, LLC. During the 80thSession of the Nevada Legislature, he lobbied to remove barriers to recovery from addiction. He considers AB367 the "Stigma Bill," to be one of the most important passed this session.