Abstract
Genetic intervention is on the near horizon for the treatment of substance abu
se.
Genetic intervention involves a reprogramming of a person’s own genetic instructions so that
that person will no longer have the physical craving for the drug of choice. Unlike
pharmacologic intervention, genetic intervention will change the genetic
identity of the person,
albeit slightly. The legal issue is whether one has a fundamental right to this medical procedure.
A fundamental right is one that the government cannot deny without a compelling interest. The
case law indicates that the right o
f medical necessity applies when the person’s affliction is
serious, there are no reasonable or effective alternatives, the person did not intentionally cause
the condition, and the treatment is effective for the long term. Unlike the medical marijuana
ph
enomenon, genetic intervention is per se anti
-
drug, unrelated to illegal, recreational drug use,
and on its face has a medical use. Legal doctrines to date though not directly on point are
conceptually compatible with the existence of a fundamental right
of medical necessity for
genetic intervention.