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Criminal Jury Instructions  

Criminal Jury Instructions

 

DRUG DEPENDENCE

"Drug dependence" means a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

Source:  General Statutes § 21a-240 (18) (applies to Chapter 420b:  Dependency Producing Drugs, §§ 21a-240 -- 21a-283a).

Commentary:  The American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders IV (4th Ed. 1994) p. 181, establishes the following criteria for substance dependence:  A maladaptive pattern of substance use, leading to clinically significant impairment or distress, as manifested by three (or more) of the following, occurring at any time in the same 12-month period:

(1) tolerance, as defined by either of the following:

        (a) a need for markedly increased amounts of the substance to achieve intoxication or desired effect;

        (b) markedly diminished effect with continued use of the same amount of the substance;

(2) withdrawal, as manifested by either of the following:

        (a) the characteristic withdrawal syndrome for the substance (refer to Criteria A and B of the criteria sets for Withdrawal from the specific substances);

        (b) the same (or a closely related) substance is taken to relieve or avoid withdrawal symptoms;

(3) the substance is often taken in larger amounts or over a longer period than was intended;

(4) there is a persistent desire or unsuccessful efforts to cut down or control substance use;

(5) a great deal of time is spent in activities necessary to obtain the substance (e.g., visiting multiple doctors or driving long distances), use the substance (e.g., chain-smoking), or recover from its effects;

(6) important social, occupational, or recreational activities are given up or reduced because of substance use;

(7) the substance use is continued despite knowledge of having a persistent or recurrent physical or psychological problem that is likely to have been caused or exacerbated by the substance (e.g., current cocaine use despite recognition of cocaine-induced depression, or continued drinking despite recognition that an ulcer was made worse by alcohol consumption).

"Under the factors established by the American Psychiatric Association in the mental disorders manual, an individual must exhibit three or more of the seven designated criteria to be classified as 'drug dependent.'"  State v. Stewart, 77 Conn. App. 393, 401, cert. denied, 265 Conn. 906 (2003) (rejecting defendant's claim that a person who depends on drugs to treat a medical condition is "drug dependent").   

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