Drug Policy Reform Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 4020 To reform United States drug policy, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 17, 2021 Mrs. WATSON COLEMAN (for herself, Ms. BUSH, Ms. MOORE of Wisconsin, Mr. THOMPSON of Mississippi, Ms. PRESSLEY, Ms. OCASIO-CORTEZ, Mr. ESPAILLAT, Ms. LEE of California, Ms. OMAR, Mr. BOWMAN, and Ms. TLAIB) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Com- merce, Oversight and Reform, Financial Services, Transportation and In- frastructure, House Administration, Armed Services, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To reform United States drug policy, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Drug Policy Reform 4 Act of 2021’’ or as the ‘‘DPR Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4020 IH (1) For most of the past century the United 1 States has adopted increasingly punitive policies to- 2 ward the possession, use, and distribution of drugs. 3 Particularly in the last 50 years, the United States 4 has built a massive regime to enforce those policies. 5 (2) Congress and State legislatures have adopt- 6 ed increasingly harsh sentencing schemes such as 7 mandatory minimums, established far-reaching and 8 oppressive civil sanctions and collateral con- 9 sequences, approved policies weakening the Fourth 10 Amendment for drug searches and seizures, and fos- 11 tered incentives for aggressive and militarized polic- 12 ing in the alleged pursuit of drugs. 13 (3) Every year, there are more than 1.4 million 14 arrests in the United States for drug-related of- 15 fenses. In over 85 percent of those arrests, drug pos- 16 session was the most serious offense. Drug arrests 17 disproportionately impact people of color and more 18 commonly occur in historically overpoliced, low-in- 19 come communities. A criminal record, even for an 20 arrest that did not result in a conviction, has a pro- 21 found impact on individuals, often interrupting em- 22 ployment, housing, family relationships, child cus- 23 tody, and education. 24 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4020 IH (4) A health-based approach to drug use and 1 overdose is more effective, humane and cost-effective 2 than criminal punishments. Subjecting people to 3 criminal penalties, stigma, and other lasting collat- 4 eral consequences because they use drugs is expen- 5 sive, ruins lives, and can make access to treatment 6 and recovery more difficult. 7 (5) Despite high numbers of arrests and incar- 8 ceration in the United States for drug possession, 9 the number and rate of drug-involved overdose 10 deaths has skyrocketed for over 20 years and con- 11 tinues at epidemic levels. In 2019, 70,630 people 12 died by drug overdose in the United States. 13 (6) Harm reduction services and voluntary, on- 14 demand access to evidence-based substance use dis- 15 order treatment have proven highly effective in re- 16 ducing overdose and the spread of communicable 17 diseases like HIV and Hepatitis C, preventing drug- 18 related injury, and improving health outcomes for 19 people who use drugs. These services should be 20 available on demand to anyone who requests it. 21 (7) Far too many people who desire treatment 22 face challenges that prevent them from accessing the 23 services they want, including cost barriers, lack of 24 providers, and long wait-lists. On-demand access to 25 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4020 IH evidence-based treatment saves lives, reduces crime, 1 and saves money. Barriers to treatment should be 2 removed or minimized. 3 (8) Criminalizing drug use and possession re- 4 duces the amount of resources available for harm re- 5 duction and treatment services and deters people 6 from accessing available services due to fear of ar- 7 rest. 8 (9) Punitive policies have achieved no reduction 9 in supplies or prices, but instead have created un- 10 necessarily risky and harmful conditions for people 11 who use drugs. 12 (10) Punitive policies have led to militarized 13 tactics that thwart the spirit of the constitution and 14 have led to the deaths of countless Black and Brown 15 people. Additionally, the drug war apparatus has 16 cost the Federal Government hundreds of billions of 17 dollars in direct enforcement and incarceration costs, 18 and collateral impacts on the lives of those caught 19 in its path. 20 (11) While drug decriminalization cannot fully 21 repair our broken and oppressive criminal legal sys- 22 tem or the harms of an unregulated drug market, 23 shifting from absolute prohibition to drug decrimi- 24 nalization helps restore individual liberty, protect 25 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4020 IH against some police abuses, better assist those in 1 need, and save tax dollars. 2 (12) This concept is neither new nor radical. 3 Other nations, including Portugal, have successfully 4 decriminalized personal use quantities of drugs and 5 achieved meaningful improvements in treating prob- 6 lematic drug use and reducing the harms of policing 7 drugs. 8 (13) In June 2021, the United States will mark 9 the 50th anniversary of Congress’ enactment of the 10 Controlled Substances Act (21 U.S.C. 801 et seq.), 11 which authorized and launched the harsh drug war 12 policies sought by the Nixon Administration. In this 13 moment, Congress must recognize the failed experi- 14 ment in prohibition and move the country in a new 15 direction. 16 SEC. 3. SENSE OF CONGRESS. 17 It is the sense of Congress that the United States 18 should— 19 (1) refocus its strategies for addressing sub- 20 stance use disorder and dangerous drug use from 21 strategies focused on controlling and punishing un- 22 authorized drug possession to a system that is 23 health focused, evidence-based, and respectful of 24 self-determination; 25 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4020 IH (2) invest in harm-reduction services and sub- 1 stance use disorder treatment to help prevent over- 2 dose and other health risks, and strengthen connec- 3 tions to services that provide foundational social and 4 economic support; and 5 (3) pursue international treaties that expand 6 flexibility for signatories to enact non-punitive strat- 7 egies to address the health and safety of people who 8 use drugs, including the decriminalization of the 9 possession, purchase, or cultivation of personal use 10 quantities of drugs. 11 SEC. 4. SHIFT REGULATORY AUTHORITY. 12 (a) AUTHORITY AND CRITERIA FOR CLASSIFICATION 13 OF SUBSTANCES.—Section 201 of the Controlled Sub- 14 stances Act (21 U.S.C. 811) is amended by striking ‘‘At- 15 torney General’’ and inserting ‘‘Secretary of Health and 16 Human Services’’ each place it appears. 17 (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.— 18 Section 204 of the Controlled Substances Act (21 U.S.C. 19 814) is amended by striking ‘‘Attorney General’’ and in- 20 serting ‘‘Secretary of Health and Human Services’’ each 21 place it appears. 22 (c) TRANSFER PLAN.— 23 (1) REPORT TO CONGRESS.—Not later than 24 180 days after the date of the enactment of this Act, 25 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4020 IH the Attorney General and the Secretary of Health 1 and Human Services shall jointly develop and sub- 2 mit to the Congress a plan for transferring informa- 3 tion necessary to effect the transfer of classification 4 responsibility required under this section. 5 (2) REPORT TO GENERAL SERVICES ADMINIS- 6 TRATION.—Not later than 180 days after the date 7 of the enactment of this Act, the Attorney General 8 shall transmit to the Administrator of the General 9 Services Administration a report that specifies the 10 property that is specific to the functions to be trans- 11 ferred to the Secretary of Health and Human Serv- 12 ices pursuant to this section. 13 SEC. 5. ELIMINATE CRIMINAL PENALTIES FOR PERSONAL 14 USE POSSESSION. 15 (a) IN GENERAL.—Section 404 of the Controlled 16 Substances Act (21 U.S.C. 844) is amended by adding at 17 the end the following new subsection: 18 ‘‘(b) PERSONAL USE EXCEPTION.—(1) A person pos- 19 sessing or using a controlled substance in an amount no 20 greater than the benchmark amount (determined by the 21 Commission on Substance Use, Health, and Safety estab- 22 lished by the Drug Policy Reform Act of 2021) shall not 23 be subject to a criminal or civil penalty under this section. 24 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4020 IH ‘‘(2) The suspected possession or use of a controlled 1 substance in an amount no greater than the benchmark 2 amount (determined by the Commission on Substance 3 Use, Health, and Safety established by the Drug Policy 4 Reform Act of 2021) shall not constitute a basis for de- 5 taining, searching, arresting, questioning or surveilling 6 any person, or seizing property including, controlled sub- 7 stances and any items used for the ingestion, consump- 8 tion, preparation, packaging, or storage of a controlled 9 substance. 10 ‘‘(3) The suspected possession or use of a controlled 11 substance in an amount no greater than the benchmark 12 amount shall not constitute a basis for any referral to any 13 immigration enforcement agency, U.S. Citizenship and 14 Immigration Services, U.S. Immigration and Customs En- 15 forcement, and U.S. Customs and Border Protection.’’. 16 (b) EFFECTIVE DATE.—The amendment made by 17 subsection (a) shall take effect on the date that is 180 18 days after the date of the enactment of this Act. 19 (c) REPEAL.—Section 405 of the Controlled Sub- 20 stances Act (21 U.S.C. 844a) is repealed. 21 SEC. 6. COMMISSION ON SUBSTANCE USE, HEALTH, AND 22 SAFETY. 23 (a) ESTABLISHMENT.—Not later than 180 days after 24 the date of the enactment of this Act, the Secretary of 25 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4020 IH Health and Human Services shall establish a ‘‘Commis- 1 sion on Substance Use, Health, and Safety’’ (hereinafter 2 known as the ‘‘Commission’’). 3 (b) PURPOSE.— 4 (1) BENCHMARKS.— 5 (A) IN GENERAL.—The Commission under 6 paragraph (1) shall determine a benchmark 7 amount for a controlled substance. The Com- 8 mission shall consist of people with current or 9 past substance use needs and qualified persons 10 in the fields of general and behavioral 11 healthcare, harm reduction, and substance use 12 disorder treatment. Priority shall be given to 13 people who have lived experience with substance 14 use needs the quantity of drug commonly pos- 15 sessed by an individual benchmark personal use 16 supply, for controlled substances. 17 (B) DUTIES.—The Commission shall con- 18 sider the following in developing the bench- 19 marks under subparagraph (A)— 20 (i) common patterns of use by typical 21 consumers of the drug; 22 (ii) differences in commonly possessed 23 quantities resulting from factors relating 24 to geography, income, employment, and 25 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4020 IH other related demographic characteristics; 1 and 2 (iii) differences in commonly pos- 3 sessed quantities resulting from varying 4 modes of use. 5 (2) REDUCED CRIMINALIZATION.—Benchmarks 6 advised by the Commission under subparagraph (A) 7 shall be developed consistent with the intent of this 8 Act to reduce criminalization of personal drug use. 9 (c) MEMBERSHIP.—The Commission under sub- 10 section (a) shall be composed of at least 18 members and 11 shall include: 12 (1) VOTING MEMBERS.— 13 (A) Four individuals who have either used 14 controlled substances or are using controlled 15 substances on the date of the enactment of this 16 Act. 17 (B) Two members of communities that 18 have been disproportionately impacted by ar- 19 rests, prosecution or sentencing for drug of- 20 fenses. 21 (C) One peer support specialist. 22 (D) A harm reduction service provider. 23 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4020 IH (E) A person specializing in housing serv- 1 ices for people with substance use needs or 2 mental health needs. 3 (F) A physician specializing in addiction 4 medicine and with expertise in the treatment of 5 opioid use disorders with methadone or 6 buprenorphine. 7 (G) A provider of evidence-based substance 8 use disorder treatment. 9 (H) A provider of evidence-based services 10 for people with co-occurring mental health and 11 substance use needs. 12 (I) A licensed clinical social worker with 13 expertise in providing intensive case manage- 14 ment to people with substance use needs. 15 (J) A person who works for a nonprofit or- 16 ganization that advocates for persons with sub- 17 stance use needs. 18 (K) An expert on legal reform who is not 19 a law enforcement officer. 20 (L) An academic researcher specializing in 21 drug use or drug policy. 22 (M) A person who represents the needs of 23 and concerns of Indigenous communities. 24 VerDate Sep 11 2014 19:11 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4020.IH H4020 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4020 IH (2) NON-VOTING MEMBER.—A designee of a 1 State Health Agency shall serve on the Commission 2 as a non-voting member. 3 (d) TERMS.—A member of the Commission shall 4 serve for a term of three years and may be reappointed 5 by the Secretary for additional terms thereafter. 6 (e) MEETINGS.—Not later than 180 days after the 7 date [Text truncated for display. 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