At Never Alone Recovery, we understand that living with a substance use disorder (SUD) can consume every part of your life. Staying out of legal trouble may be something you don’t think much about, but you should. 

Having a basic understanding of addiction-related laws may help you or your loved one avoid jail so they can get the help they need. 

Indiana drug laws have changed as the medical understanding of addiction has changed. While drug laws still protect the public from crime, there is also an emphasis on helping people with SUD get help instead of only punishing them. 

10 Must-Know Addiction-Related Laws

If a substance use issue is affecting your quality of life, consider seeking help at an insurance-approved rehab center.

Some drug laws are designed to protect people struggling with SUD from discrimination, while others focus on protecting public safety. If a substance use issue is affecting your quality of life, consider seeking help at an insurance-approved rehab center. 

1. Federal Workplace Drug Testing

Federal law allows for drug testing under specific guidelines. Employers may choose to drug test before employment, when behaviors trigger suspicion, or randomly. 

An agreement to undergo testing is typically included in the application process, or being hired may be contingent on passing a drug test. If you refuse, your employer may be within legal rights to fire you. 

2. Patient Confidentiality 

Everyone has the right to patient confidentiality, even if they have received treatment at an Indiana rehab center. Federal law prevents potential employers or others from accessing patient records of any kind, including those that pertain to substance use treatment. 

3. Americans With Disabilities Act

As of 2008, individuals with mental illnesses and addictions are included in ADA protections. The law states that equal opportunities for employment, public accommodations, state and local services, and other accommodations must be provided. 

4. Availability of Treatment: CARA

The Comprehensive Addiction and Recovery Act (CARA) authorizes millions of dollars to be set aside to increase prevention programs and treatment availability for those affected by the opioid epidemic. CARA also expanded the availability of life-saving overdose medications like naloxone. 

5. Indiana Controlled Substances

Indiana Code 35-48-1-174 defines which drugs are considered controlled substances. Any person found to be in possession of drugs that are classified as Schedule I, II, III, or IV can be charged with at least a class A misdemeanor. 

Possessing some substances, such as cocaine or methamphetamine, may result in more serious charges, especially if it is determined the individual intended to sell controlled substances. 

6. Medication-Assisted Treatment 

Federal Regulation 42 CFR Part 8 provides accreditation for opioid treatment programs, including programs that dispense opioid drugs to help treat opioid addiction. You cannot be arrested for using prescribed opioid drugs provided by an approved medical treatment program. 

7. The Good Samaritan Law

You have protection against prosecution under the Good Samaritan Law.

Calling 911 immediately and staying with an overdosed person until help arrives can save countless lives. However, many people are concerned about being arrested for drug use if they call the police. You have protection against prosecution under the Good Samaritan Law. Don’t hesitate to call 911 if you witness or experience an overdose. 

The law does not protect individuals who have an intent to distribute illegal drugs. Also, you cannot call 911 in an attempt to gain immunity while being arrested.

8. Indiana Drunk Driving Laws

Indiana takes drunk driving seriously. Penalties can be steep, even for first-time offenders. The law prohibits anyone from operating a vehicle if they:

• Have any amount of a Schedule I or II controlled substance in their system
• Have a blood alcohol concentration of .08% or more 
• Are actively intoxicated on alcohol or drugs, including prescription medications

You may be arrested and face penalties that include a fine of up to $5,000 and up to 12 months in jail for the first offense.                                                           

9. CBD Laws     

CBD, or cannabidiol, is a compound found in cannabis. Because it is non-psychoactive, many people are surprised to learn that possession of CBD can be illegal in Indiana. 

The problem is that many CBD products contain amounts of THC — in some cases, high amounts. Possessing any CBD product with more than 0.3% THC is a misdemeanor that may result in incarceration and a fine of up to $5,000. CBD products containing less than 0.3% THC are exempt. 

10. Drug Court Availability

“Drug courts” were designed to help people with substance use disorders get treatment from a state- and insurance-approved rehab program instead of going to jail. However, not everyone who breaks drug laws is eligible for drug court. The court has the right to deny individuals with multiple drug-related offenses. 

Those who have committed violent crimes under the influence of drugs may also be ineligible. You have the right to request enrollment in drug court, but your request may be denied. 

Contact Never Alone Recovery to Learn More

If you or someone you care about is being discriminated against because of a substance use disorder, the law is on your side. Concern about breaking drug laws may be a warning that you have an addiction disorder and need treatment. Never Alone Recovery can help you find an Indiana rehab program that meets your needs. 

We are addiction recovery consultants who have helped thousands of people find the help they need. We can help you, too. Call Never Alone Recovery at 866-788-8335 to learn more.