Marijuana “Overdose”

Annapolis, Maryland family law attorneys will tell you that whether drug addiction is a grounds for divorce remains to be seen and decided.  Consequently, who knows if marijuana use would be treated differently from the abuse of other drugs.

What surprised almost everyone, however, was Annapolis Police Chief Michael Pristoop’s testimony at the Maryland General Assembly.   The General Assembly was having hearings on legislation to legalize or de-criminalize marijuana.

The Chief testifed against the bill, saying that there had been 37 deaths from marijuana overdoses in Colorado since pot was legalized this year.  The source of his information was a satrical publication and, of course, the story was a satire and untrue.  The testimony was so preposterous, it apparently went viral.    (It is generally accepted in the scientific community that one cannot overdose on marijuana.)

Put aside the question of whether pot should be legalized, shouldn’t the chief law enforcement office of Annapolis Maryland know the law he is enforcing and the effect of the illegal drugs?  Marijuana is not an opiate.  It is an herb.  Many would say marijuana is a mellow herb.    The “anti marijuana” focus over the years has been that it is a gateway drug, not that it results in violence or drug overdoses.  There are legitimate disagreements which should be discussed in the decision about whether to legalize pot.    But let’s properly identify the legitimate disagreements before we talk about them.

The same should apply to whether drug addiction is a grounds for divorce in Maryland.  There are legitimate discussions to be had about this and one is whether marijuana should be treated differently than other illegal drug use.

Is Heroin Addiction a Maryland Grounds for Divorce?

Phillip Seymour Hoffman’s Drug Addiction and its effects on his children should be a lesson for all of us.

As family law attorneys in Maryland, it is distressing for us to see the increase in the addiction to heroin and other opiates.   The addiction impacts the entire family, of course, and often leads to divorce.  Believe it or not,  family law attorneys in Annapolis, Maryland have differing opinions about whether heroin and other opiate addiction  would fit within the limited definition of a grounds for divorce.  It is not settled family law in Maryland.

We continue to be hauinted by Phillip Seymour Hoffman’s death because we see the opiate addictions in people just like us.  These addicts are no longer people we read about or see on television.  Those of us involved in this field have to deal with ordinary people struggling with opiate addictions.  As Annapolis attorneys, we see the effects of drug addiction on children,child custody as well as the effects on the immediate and extended family.  Particularly haunting is that this was never an issue twenty years ago.  It is just in recent times that the opiate addictions have become  more visible in middle class families.

As to Phillip Seymour Hoffman, Aaron Sorkin said it better than we can and expresses our thoughts exactly.

We say he died of an overdose of heroin.  (He and other addicts we have met in our practices).

Phillip Seymour Hoffman did not die from an overdoes of heroin.  He died from heroin.  We should stop implying that if he had taken the proper amount everything would have been fine.

He didn’t die because he was partying too hard or because he was depressed.  He died because he was an addict on the day of the week with a “Y” in it.

Phillip Seymour Hoffman’s Addiction

Phillip Seymour Hoffman was one of the great talents in Hollywood. He was in some of my favorite movies: The Big Lebowski, Capote, Doubt and The Talented Mr. Ripley to name a few. His death is a loss for all of us who love movies. His charm and “average guy” attitude was refreshing. His children attended public school in New York City and he continued to do theater roles in addition to the movies. He did not seem to be caught up in the glitter of Hollywood. Reports say he was devoted to his children. Given his success and the lifestyle he chose, I was shocked to learn of his problems.

His death is a dramatic an example of the profound effect alcoholism and drug addiction has on our society. He got sober initially at the age of 22 after quite a party time in college. All those years of sobriety and he began again to struggle. And he was not successful this time in beating the drugs. As the 12-Step programs say, it is “cunning, baffling and powerful.”

Just as I am shocked to learn of his heroin addiction, those of us who practice family law and who have some background in addictions see the profound effect of alcoholism and drug addiction on families. Many times a spouse comes in complaining of the alcohol and drug use of the other spouse. Many times a client comes in saying their spouse is complaining about his or her drinking or drug use. Many times a client describes behavior that is consistent with alcoholism and drug addiction but the client denies it. In far too few cases, one will get treatment to preserve the marriage and the family. But too often that doesn’t happen. Addicts and alcoholics (and, often their families) think that if a person excels at work and has never has had a DWI there is no substance abuse. That is not the case.

Even more dramatic is the effect of alcohol and drugs in domestic violence. Sometimes the abuser gets drunk or high and beats his or her spouse. Sometimes, it is the spouse who gets drunk and the abuser is violent as a result of the frustration in dealing with the addiction and the repeated promises to stop. The effect on the family is profound. The effect on us as a society is profound.

In addition to the effect on the family of spouses with addictions, children also have drug and alcohol problems. I have had more than one case in which grandparents are trying to get custody of their grandchildren because their son or daughter has an addiction. Often, both of the child’s parents are addicted. The cases I see are “normal” middle class families. It is surprising the frequency that the drug of choice is often heroin.

When I hear stories, I wonder why anyone did heroin the first time. I understand addictions well enough to understand why addicts continue to use drugs but knowing what we know about heroin’s rank on the addictiveness scale, what would make someone do it the first time.

As family law attorneys, we often hear what goes on behind closed doors outside the view of friends and family. People would be surprised at the things that we hear.. We practice in Annapolis, Maryland. Those who are not familiar with drug addiction would think that in a community like this, the problem does not exist. Drug addiction is not confined to low income areas or people. People would be surprised at what happens in homes that appear to be “Leave It to Beaver” households. Alcoholism and drug abuse are much greater problems than many people think.

As I was shocked to learn of Phillip Seymour Hoffman’s struggle with drug addiction, people would be shocked to hear what we do as family lawyers. Our hearts go out to the partner, young children and the family of Phillip Seymour Hoffman. Our hearts also go out of families everywhere who are struggling with the curse of drug addiction and alcoholism.