Research and development in criminal law and criminology

Research and development in criminal law and criminology

Analyzing the Criminalization of Drug Addiction within the Framework of Status-Based Offenses: A Comparative Study of Iranian and U.S. Criminal Law

Articles in Press

Document Type : Original Article

Authors
Salman Nikbakht 1
Alireza Ebrahimi 2
1 , Department of Jurisprudence and the Foundations of Islamic Law, Faculty of Theology, University of Qom, Qom, Iran.
2 Department of Jurisprudence and the Foundations of Islamic Law, Faculty of Theology, University of Qom, Qom, Iran.
10.22034/jclc.2025.2073849.1265
Abstract
One of the important issues in criminal law is the criminalization of conditions that are not based on the commission of a specific act but rather on the recognition of a particular state or circumstance in a person. Drug addiction is one such condition, which has always been a subject of controversy among criminal law scholars. In the present study, using a descriptive-analytical approach, the criminalization of addiction is examined within the framework of status-based offenses, and an attempt is made, through a comparative study of the legal systems of Iran and the United States, to analyze the similarities and differences between the two systems in addressing this phenomenon. Within this framework, the theoretical foundations of addiction and status-based crimes, along with their constitutive elements, are first explained, and then the perspectives put forward in Iranian and American law regarding the criminalization of addiction are analyzed. Moreover, by examining the U.S. criminal approach toward the status of addiction and the distinction between “use” and “addiction,” the study seeks to provide clearer grounds for explaining and comparing the criminal policies concerning this phenomenon in the Iranian and American legal systems. The findings of this study reveal that the criminalization of addiction conflicts with fundamental principles of criminal law, including the principle of legality and the principle of act-based criminalization. In the U.S. legal system, based on the Supreme Court’s ruling in Robinson, mere addiction has been deemed non-punishable, and most theorists concur with this position. In Iranian law, although addiction has been criminalized since 1980, the legislative approach has gradually shifted from a punishment-oriented model to a treatment-oriented one. From a theoretical perspective as well, the alignment of “mere status” with the material element of a crime (conduct) cannot be justified. Accordingly, a reconsideration of Iran’s criminal policy toward this phenomenon seems necessary.
Keywords
Drug Addiction
Status-Based Offenses
Criminalization
Criminal Law in Iran and the United States

Subjects

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Research and development in criminal law and criminology

Articles in Press, Accepted Manuscript
Available Online from 22 December 2025