Criminal Defense of Immigrants

(B)  Drug Addiction.  Drug addiction is defined by regulation to include the non-medical use of a controlled substance “which has resulted in physical or psychological dependence.” [116]  Drug addict is further defined under 42 U.S.C. § 201(k) as a person who has “lost the power of self control” over his or her addiction, or whose habitual drug use poses a threat to public morals, health, safety, or welfare.  A “mere user” is not an addict.[117]

[116] 42 C.F.R. § 34.2(h) (as amended by May 31, 1991 interim rules, 56 Fed. Reg. 25000), reported on and reproduced in Interpreter Releases (June 3, 1991 and June 17, 1991).

[117]  See Matter of KCB, 6 I. & N. Dec. 374 (BIA 1954), holding that conviction under what is now California Health & Safety Code § 11550 (use or under the influence) does not necessarily show addiction.