by Dr. Lorin Bradbury
Question: Is it elder abuse to take away the harmful substances that they are addicted to such as chewing tobacco, cigarettes, or alcohol?
Answer: I wouldn’t recommend going into an elder’s home and taking away these substances, but neither would I provide them any of the above substances. You will never get into trouble with the law for not providing someone with tobacco, alcohol, marijuana, etc.
When smoking bans were first instituted in restaurants, airplanes, etc., some refused to comply, claiming the Due Process Clause and Equal Protection Clause of the fourteenth amendment of the Constitution guaranteed the right to smoke. However, as attorney, Samantha K. Graff wrote, “The so-called “right to smoke” is actually a smokescreen. There is no constitutional right to smoke.”
For more information on this subject, you may want to read the article titled, There Is No Constitutional Right to Smoke by Samantha K. Graff.
Now I have question, Why are parents and grandparents in our region allowed to give small children tobacco products, particularly smokeless tobacco? I’m not an attorney, but it appears it is a violation of Alaska law to do so.
Alaska Statute 11.76.100. Selling or Giving Tobacco to a Minor, (a) A person commits the offense of selling or giving tobacco to a minor if the person (2) is 19 years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age.
It’s probably time for not only health providers, but tribal leaders to become actively involved in eliminating tobacco use by minors. Here’s the bottom line, most people who use tobacco, whether smoking or smokeless tobacco, began using before age 18. I challenge leaders in our region to become tobacco-free and then work to encourage the elimination of tobacco use among teens and children. It is particularly troubling when I see adults give snuff to children like candy. I believe it’s time to stop turning a blind eye to this practice and begin addressing it at the local level.
Lorin L. Bradbury, Ph.D. is a licensed psychologist in private practice in Bethel. For appointments, he can be reached at 543-3266. If you have questions that you would like Dr. Bradbury to answer in the Delta Discovery, please send them to The Delta Discovery, P.O. Box 1028, Bethel, AK 99559, or e-mail them to [email protected].
