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HomeOpinionAddiction is human, not legal, problem

Addiction is human, not legal, problem

In 2018, the U.S. Supreme Court overturned the Professional and Amateur Sports Protection Act, opening the door for states to legalize and regulate sports betting.

Since then, 39 states, as well as Washington, D.C., and Puerto Rico, have legalized the activity, creating a transparent, regulated, and taxed marketplace that has largely replaced the formerly underground, offshore betting industry.

Of course, there will always be critics. Perhaps the most prominent is Dr. Harry Levant, director of Gambling Policy at Northeastern University’s Public Health Advocacy Institute. Levant knows gambling addiction intimately; he stole (and gambled away) $2 million from clients and family members before being busted and convicted. He’s since advocated for gambling to be completely illegal. But is that really the best way to fight gambling addiction?

According to a 2024 study by the Tax Foundation, legal sports betting generated $1.8 billion in state tax revenue in 2023 alone. These are funds that, before legalization, would have been lost in the shadows of unregulated markets.

This surge in sports betting hasn’t unfolded unchecked. In fact, states have led the way in crafting guardrails to protect consumers and promote responsible play. Age restrictions – typically set at 21 and older – are strictly enforced, and many jurisdictions require operators to support problem-gambling initiatives through funding and public education.

Just as important, thoughtful tax policy is becoming a central piece of the regulatory puzzle. As the Tax Foundation rightly points out, effective tax policy must strike a careful balance – low enough to draw bettors into the legal market, yet stable enough to ensure state revenues aren’t reliant on consistent player losses. This common-sense framework reflects a smart, localized strategy: allow the market to grow, but do so with eyes wide open.

So far, the guardrails are holding. National Council on Problem Gambling data show that problem gambling rates have stayed flat – hovering between 1% and 2% of the population – despite the rapid expansion of legal betting. Studies from Connecticut’s Department of Mental Health and the University of Massachusetts show similar trends, which is perhaps why last year, the 3rd U.S. Circuit Court of Appeals found that following existing regulations fulfills sportsbooks’ legal duty of care.

Like Dr. Levant, I’ve struggled with addiction. My downfall was alcohol. I didn’t steal any money, but I did inflict severe wounds on my family and friends through deceit and neglect. I spent time escaping to my room alone, allowing my children to watch TV instead of spending time with them and started unnecessary fights with my husband, cultivating a lack of peace in my home and marriage.

As I’ve described on podcasts, in essays, and in my forthcoming book, “Freely Sober: Rethinking Alcohol Through the Lens of Faith,” the solution for me never centered on access to alcohol. When I was in the worst phases of my addiction, no bureaucratic government ban would have convinced me to stop seeking another drink. The real battle was internal – mental, emotional and spiritual. I was wrestling with past trauma, dysfunctional relationships, and a growing disconnection from my faith.

That’s the secret part of addiction that people rarely discuss when we’re debating the government taking a more active role. Yes, people like Levant and myself are “victims” of addiction, but we also must own up to the choices we made.

Living in society requires a delicate balance between public safety and personal freedom. I can tell you that legal prohibitions and roadblocks won’t stop alcoholics from drinking, just like laws against embezzlement and fraud didn’t stop Levant from defrauding his victims. Those with addiction disorders will always find ways to “use, and that’s why governments must be careful when considering how much to regulate or ban specific activities.

In his renowned book “Chasing the Scream: The First and Last Days of the War on Drugs,” addiction researcher Johan Hari writes that “the core of addiction doesn’t lie in what you swallow or inject – it’s in the pain you feel in your head.”

Whether alcohol, heroin, or high stakes bets, it’s not about the action – but the fear and pain you escape when you’re doing it.

When I finally admitted my problem in a safe, supportive community, the need to escape became less rabid. When I met others who battled the same issue, we shared our pain, so it became less visceral. When I surrendered to God, finally admitting I couldn’t do it on my own, I was empowered to keep going – one day at a time. You can’t overcome addiction without these human elements of survival: relational support, common community and spiritual foundation.

At its heart, addiction is the desire for some inexplicable “more” that earthly behaviors and substances can never truly fulfill. Regulations can help, and – on rare occasions – so can making something illegal. But if we’re looking to help suffering people change their lives, it must begin with the heart, soul, environment, and community first – not the law. If not, that addiction will just spill over into another kind of addiction – and you can’t outlaw them all.

Ericka Andersen is the author of the forthcoming book, “Freely Sober: Rethinking Alcohol Through the Lens of Faith.”

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