Can you use the defense not guilty by reason of insanity for drug charges stemming from addiction?

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Can you use the defense not guilty by reason of insanity for drug charges stemming from addiction?

Non-violent and attended rehab for 7 months after. According to www.drugabuse.gov, drug addiction is classified under mental illness.

Asked on March 19, 2013 under Criminal Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is entirely possible that one can use a defense of insanity for drug charges stemming from one's addiction. Whether such is accepted by the court remains to be seen. Given what you have written, I suggest that you consult with a criminal defense attorney about the possible insanity plea.


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