Can You Get In Legal Trouble For Using In Drug Rehab?

According to the National Institute on Drug Abuse (NIDA), between 40% and 60% of people with substance use disorder relapse. While common, relapse is frightening, especially if it happens during rehab. 

If you use drugs in rehab, you might worry about legal problems. However, most rehab centers will only report your drug use to the police if it leads to criminal behaviors, such as assault or drug distribution. If it does not, staff will focus on helping you get back on the road to recovery.

Can You Get In Legal Trouble For Using In Drug Rehab?

In most cases, no. 

Drug addiction treatment programs exist to provide medical treatment, and treatment providers understand that relapse is a normal part of recovery. Their main goal is to keep you healthy and safe, not to punish you for experiencing a common effect of addiction. 

By not reporting your drug use to law enforcement, your treatment team encourages open, honest communication. 

Treatment Providers Don’t Want You To Hide Relapse

Honesty is essential to the treatment process. That’s because relapse typically indicates that you need different or more intense types of treatment. If you hide your relapse, your doctors won’t be able to modify your treatment plan and help you get back on the road to recovery. 

Serious Health Risks & Drug Interactions

In addition, if you hide your drug misuse while taking medications, you face serious health risks. Most drug treatment centers offer a variety of medications, including:

• medications to ease withdrawal symptoms during medical detoxification, such as sleep aids or anti-nausea medications
• medications to ease alcohol or opioid cravings, such as acamprosate, methadone, or naltrexone
• medications to treat co-occurring mental health problems, such as antidepressants, anti-anxiety medications, or mood stabilizers

These medications may have dangerous or even life-threatening interactions with other substances, including alcohol, illegal drugs, and prescription drugs. That’s why it’s essential to tell your treatment team about any drugs you use during rehab. 

Moreover, even if your treatment team wanted to report your substance misuse to the police, federal laws and regulations will likely prevent them from doing so. 

The Health Insurance & Portability & Accountability Act (HIPPA)

Introduced in 1996, HIPPA is a federal law that prevents doctors from sharing your health information with anyone outside the treatment center, including police officers. They may only share your information without your consent in the following situations:

• medical emergencies
• court orders, warrants, or subpoenas 
• suspicions of abuse or neglect

If a staff member at your rehab center violates HIPPA, they face serious consequences, including fines and prison time.

Patient Confidentiality Regulations

All rehab facilities must follow regulations concerning the confidentiality of substance use disorder patient records. These regulations prevent staff from disclosing your status as a patient to anyone outside the treatment center without your written consent. 

As with HIPPA, your doctors may only ignore these regulations in case of medical emergency, court order, and suspicions of abuse or neglect. If they ignore them in any other situation, they risk fines and prison time.

When Can Treatment Providers Report You To Law Enforcement?

While rehab centers generally can’t report you for drug use alone, they may call the police if:

You Commit Violence

Some drugs increase your risk of violence, including alcohol, cocaine, and methamphetamine. If your drug use leads you to harm a fellow patient or staff member, you will likely face legal trouble. 

Penalties for violence may include fines, probation, or prison time, depending on your situation.

Also, even if you don’t harm someone, the rehab center may call the police if your behavior poses an immediate danger to yourself or others. Such behavior might include:

• making threats
• destroying someone else’s belongings
• harming yourself

You Sell Drugs To Other Patients

Most substance abuse treatment facilities won’t report you for possessing drugs for personal use. However, they will report you for selling or attempting to sell drugs to other people in your treatment program.

This criminal behavior can have serious consequences, including heavy fines and decades in prison. The exact penalties depend on the amount and types of drugs you tried to sell, your criminal history, and other factors.

You Violate Court-Ordered Rehab

When you commit a drug-related crime, the court may order you to attend inpatient or outpatient rehab as an alternative to jail time. If you fail to show up to court-ordered rehab, the facility must report your absence to law enforcement. 

The consequences for violating court-ordered rehab depend on a number of factors, including:

• your criminal history
• your behavior during rehab
• how long you have been in rehab
• whether you have any past violations 

Most violations result in fines or jail time. If you get jail time, your sentence will likely exceed the sentence you would have originally served in place of court-ordered rehab.

There’s A Warrant Out For Your Arrest

Your rehab center must report you to law enforcement if there is a warrant out for your arrest. They will also report you if they discover that you checked into rehab to avoid arrest for a recent crime. 

However, if the crime was minor (such as a traffic violation or petty theft), the police may allow you to finish treatment before they arrest you. 

If you or someone you love struggles with drug abuse, please reach out to an Ark Behavioral Health specialist. Our board-certified healthcare providers offer medical detox, mental health counseling, and other evidence-based treatment options to help you or your loved one stay drug-free.