Sec. 5. Eliminate criminal penalties for personal use possession
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Section 404 of the Controlled Substances Act ( 21 U.S.C. 844 ) is amended by adding at the end the following new subsection: A person possessing or using a controlled substance in an amount no greater than the benchmark amount (determined by the Commission on Substance Use, Health, and Safety established by the Drug Policy Reform Act of 2021) shall not be subject to a criminal or civil penalty under this section. The suspected possession or use of a controlled substance in an amount no greater than the benchmark amount (determined by the Commission on Substance Use, Health, and Safety established by the Drug Policy Reform Act of 2021) shall not constitute a basis for detaining, searching, arresting, questioning or surveilling any person, or seizing property including, controlled substances and any items used for the ingestion, consumption, preparation, packaging, or storage of a controlled substance.
The suspected possession or use of a controlled substance in an amount no greater than the benchmark amount shall not constitute a basis for any referral to any immigration enforcement agency, U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection. . The amendment made by subsection
(a)shall take effect on the date that is 180 days after the date of the enactment of this Act. Section 405 of the Controlled Substances Act ( 21 U.S.C. 844a ) is repealed.
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