Table 1

State Statutes on Involuntary Substance Use Treatment

StateInvoluntary treatmentThird-party paysCriteria
In addition to meeting the criteria for involuntary civil commitment, the patient must also meet the conditions listed:
AlabamaNo—None
AlaskaYes67Maybe68“Incapacitated by alcohol or drugs”70
ArizonaNo—None
ArkansasYes69No“Addicted to alcohol or other drugs”69
CaliforniaYes70No“Impairment by chronic alcoholism or the use of narcotics or restricted dangerous drugs”71
ColoradoYes72,73No“Substance use disorder” and “that the person has threatened or attempted to inflict or inflicted physical harm on himself or herself or on another and that unless committed the person is likely to inflict physical harm on himself or herself or on another or that the person is incapacitated by drugs.”73
ConnecticutYes74Some74Alcohol dependency or drug dependency74
DelawareYes75No“Those who abuse substances such as alcohol, drugs or inhalants”75
D. C.Yes76,77No“Drug user”77
FloridaYes (“Marchman Act”)78No“Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that he or she is incapable of appreciating his or her need for such services”78
GeorgiaYes79No“Alcoholic, drug dependent individual, or drug abuser”79
HawaiiYes80Maybe80“Conduct of the respondent that indicates substance abuse or addiction”80
IdahoNo—None
IllinoisNo—None
IndianaYes81No“An alcoholic” or “incapacitated by alcohol” or “a drug abuser”82
IowaYes83No“Substance-related disorder” defined as “diagnosable substance abuse disorder of sufficient duration to meet diagnostic criteria specified within the most current diagnostic and statistical manual of mental disorders published by the American Psychiatric Association that results in a functional impairment”83
KansasYes84No“Person with an alcohol or substance abuse problem”84
KentuckyYes (“Casey’s Law”)85Yes (85)“Individual suffering from alcohol and other drug abuse”85
LouisianaYes86No“Person suffering from a substance-related or addictive disorder”86
MaineYes87No“Persons suffering effects from the use of drugs, narcotics, hallucinogens or intoxicants, including alcohol”87
MarylandNo—None
MassachusettsYes (“section 35”)88Maybe89“Alcohol use disorder” and/or “Substance use disorder” 89
MichiganYes90Fee91“A substance use disorder as verified by a health professional”91
MinnesotaYes92No“Chemically dependent person” defined as any person “determined as being incapable of self-management or management of personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other mind-altering substances”93
MississippiYes94No“Periodic, constant or frequent use of alcoholic beverages or habit-forming drugs”94
MissouriYes95No“Alcohol or drug abuse, or both”95
MontanaNo—None
NebraskaYes96No“Substance dependence”96
NevadaNo—None
New HampshireNo—None
New JerseyNo—None
New MexicoNo—None
New YorkNo—None
North CarolinaYes97No“Substance abuser”97
North DakotaYes98No“Substance use disorder”98
OhioYes99Yes100“Suffering from alcohol and other drug abuse”99
OklahomaYes100No“Drug or alcohol dependency”100
OregonNo—None
PennsylvaniaYes101No“Drug dependent person” defined as “a person who is using a drug, controlled substance or alcohol, and who is in a state of psychic or physical dependence, or both, arising from administration of that drug, controlled substance or alcohol on a continuing basis. Such dependence is characterized by behavioral and other responses which include a strong compulsion to take the drug, controlled substance or alcohol on a continuous basis in order to experience its psychic effects, or to avoid the discomfort of its absence. This definition shall include those persons commonly known as ‘drug addicts.’”102
Rhode IslandYes103No“An alcoholic who habitually lacks self-control as to the use of alcoholic beverages” (alcohol only)103
South CarolinaYes104No“Chemical dependency” defined as “a chronic disorder manifested by repeated use of alcohol or other drugs to an extent that it interferes with a person's health, social, or economic functioning; some degree of habituation, dependence, or addiction may be implied”104
South DakotaYes105No“Abusing alcohol or drugs”105
TennesseeYes106No“Alcohol dependence” or “drug dependence”107
TexasYes108No“Chemical dependency” defined as “(a) the abuse of alcohol or a controlled substance; (b) psychological or physical dependence on alcohol or a controlled substance; or (c) addiction to alcohol or a controlled substance.”108
UtahYes109Yes109“Sufferer of a substance use disorder”109
VermontYes110No“Drug addict” (alcohol possibly excluded)110
VirginiaYes111No“Substance abuse”111
WashingtonYes (“Ricky’s Law”; “Joel’s Law”)112No“Chemical dependency disorders”113
West VirginiaYes114No“Substance abuse”114
WisconsinYes115No“Drug dependent”115
WyomingNo—None