 They can't, a state cannot criminalize drug addictions. They can criminalize you for using drugs, but if they criminalize being a drug addict and you're not using drugs but you're a known drug addict, they can pick you up on the street and prosecute you. 1965, the Supreme Court did away with status crimes, right? But sometimes an action is automatically a status. Like if you don't have a place to, you can't stay awake.