A medical dictionary defines "habit" as: "The result of an impulse passing through a certain set of neurons, then synapses many times; a motor pattern executed with facility because of constant repetitions. ... Habit, words pert. to: ... addict, addiction state ...";
The dictionary definition of the terms "addict," "to addict," "addicted" and "addiction" are as follows: An addict is "one who is addicted to a habit, esp. to the habit of taking of some drug ..."; "to addict" means "to apply habitually; to give one's self up and over to as a constant practice; to devote; habituate"; "addicted," when used in a bad sense, "refers to one who is given up or strongly disposed to some taste, practice or pursuit"; and "addiction" means "state of being addicted; also, habituation, esp. to drugs." (Webster's New International Dictionary, second edition, unabridged.) The medical dictionary heretofore considered defines "addict" as "1. To form a habit for the use of a drug. 2. One habituated to the use of a drug"; and defines "addiction" as "Enslavement to some habit, esp. the drug habit. ... A condition in which cessation of narcotic or other drug produces definite 'symptoms of abstinence.' " (Taber's Cyclopedic Medical Dictionary, revised sixth edition.) The Welfare and Institutions Code defines a "narcotic drug addict" within the meaning of the condition there under consideration as "any person who habitually takes or otherwise uses to the extent of having lost the power of self-control ... any ... narcotic drug ..." (Welf. & Inst. Code, 5350.) [13] From the foregoing discussion it is apparent that a definition of the terms "addict" and "addicted" as used in the Health and Safety Code, intrinsically involve the concept of habit; of a compulsive factor which directs the action of the addict; of a repetitious use of narcotics resulting in a condition which destroys the power of self-control and creates a need therefor which may be satisfied only by a continued use thereof. [14] On the other hand, it has been declared that the dictionary definition of the term "habitual" involves the concept of habit and frequency of action. (In re Newbern, 53 Cal. 2d 786, 794 [3 Cal. Rptr. 364, 350 P.2d 116].) [15] As a consequence, an observance of the statutory distinction between [180 Cal. App. 2d 770] an "addict" and an "habitual user" compels the conclusion that the characteristics attributable to habit which are present in the addict need not be present in the habitual user, and that a definition of the latter term does not require the necessary inclusion of these characteristics, but carries the broader criterion of frequent use without the necessity of addiction. This conclusion is in accord with respondent's contention.
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