Tom C. Clark

“ However, the case in support of the judgment below need not rest solely on this reading of California law. For even if the overall statutory scheme is ignored, and a purpose and effect of punishment is attached to § 11721, that provision still does not violate the Fourteenth Amendment. The majority acknowledges, as it must, that a State can punish persons who purchase, possess or use narcotics. ”

“ It provides that a person found to be addicted to the use of narcotics shall serve a term in the county jail of not less than 90 days nor more than one year, with the minimum 90-day confinement applying in all cases without exception. Provision is made for parole with periodic tests to detect readdiction.
The trial court defined "addicted to narcotics" as used in § 11721 in the following charge to the jury:
The word "addicted" means strongly disposed to some taste or practice or habituated, especially to drugs. ”

“ Narcotics addiction — including the incipient, volitional addiction to which this provision speaks — is no different. California courts have taken judicial notice that
the inordinate use of a narcotic drug tends [p684] to create an irresistible craving and forms a habit for its continued use until one becomes an addict, and he respects no convention or obligation, and will lie, steal, or use any other base means to gratify his passion for the drug, being lost to all considerations of duty or social position. People v. ”

“ Significantly, if it is found that a person committed under § 5355 will not receive substantial benefit from further hospital treatment and is not dangerous to society, he may be discharged — but only after a minimum confinement of three months. ”