Westminster, MD asked in Criminal Law for Maryland

Q: Is it legal to smuggle legal substances into a rehab that prohibits certain items? Kratom, alcohol, phenibut... ECT?

Substances federally and state legal. *Smuggling in for someone*

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Rehab facilities are typically private entities and what you can bring in is a matter of contract and following the facility’s rules. That would be strictly a civil matter. State and federal facilities may of statutory and regulatory rules in place, intentional violation of which could perhaps be criminal violations if there is a specific code section making it criminal, but that seems unlikely. One would have to know the specific facility and details. Violation of rules or contract provisions would be basis to kick you out of the facility. If attendance and successful completion at the rehab is part of your terms of parole or probation, then getting kicked out rehab would be a VOP and subject the violator to criminal sanctions such as jail before the original sentencing judge who imposed the sentence, or result in revocation of parole by the Parole Board.

It isn’t really a matter of whether the substance or product you “smuggle” into the facility is legal to possess; it’s a question of compliance with the facility’s requirements and rules, and whether you want to risk getting kicked out of the program. The consequences that flow from that are what you should be focusing upon.

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