Reading Room Document

Constitutionality of federal detention and commitment of narcotics addicts

This memo considered Congress's authority to provide for civil commitment of narcotics addicts. It concluded that this action was not dictated by considerations of constitutional power, but instead could be made on the basis of policy judgments. Thus, the OLC explained that if there were a factual basis showing that curing narcotics addicts would significantly reduce illegal drug traffic and violations of narcotic law, and that compulsory commitment was necessary to cure addicts, Congress had the authority to provide for their civil commitment by a federal court.

November 19, 1963