Sec. 6. Commission on substance use, health, and safety
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Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a Commission on Substance Use, Health, and Safety (hereinafter known as the Commission ). The Commission under paragraph
(1)shall determine a benchmark amount for a controlled substance. The Commission shall consist of people with current or past substance use needs and qualified persons in the fields of general and behavioral healthcare, harm reduction, and substance use disorder treatment. Priority shall be given to people who have lived experience with substance use needs the quantity of drug commonly possessed by an individual benchmark personal use supply, for controlled substances. The Commission shall consider the following in developing the benchmarks under subparagraph (A)— common patterns of use by typical consumers of the drug; differences in commonly possessed quantities resulting from factors relating to geography, income, employment, and other related demographic characteristics; and differences in commonly possessed quantities resulting from varying modes of use. Benchmarks advised by the Commission under subparagraph
(A)shall be developed consistent with the intent of this Act to reduce criminalization of personal drug use. The Commission under subsection
(a)shall be composed of at least 18 members and shall include: Four individuals who have either used controlled substances or are using controlled substances on the date of the enactment of this Act. Two members of communities that have been disproportionately impacted by arrests, prosecution or sentencing for drug offenses. One peer support specialist. A harm reduction service provider. A person specializing in housing services for people with substance use needs or mental health needs. A physician specializing in addiction medicine and with expertise in the treatment of opioid use disorders with methadone or buprenorphine. A provider of evidence-based substance use disorder treatment. A provider of evidence-based services for people with co-occurring mental health and substance use needs. A licensed clinical social worker with expertise in providing intensive case management to people with substance use needs. A person who works for a nonprofit organization that advocates for persons with substance use needs. An expert on legal reform who is not a law enforcement officer. An academic researcher specializing in drug use or drug policy. A person who represents the needs of and concerns of Indigenous communities. A designee of a State Health Agency shall serve on the Commission as a non-voting member. A member of the Commission shall serve for a term of three years and may be reappointed by the Secretary for additional terms thereafter. Not later than 180 days after the date of the enactment of this Act, and at minimum four times per calendar year thereafter, the Commission shall convene to establish and review the benchmarks established under paragraph
(2)and make any necessary amendments or further guidance with respect to the responsibilities of the Commission. Not later than 18 months after the date of the enactment of this Act, the Secretary shall publish online on the internet website of the Department of Health and Human Services a report on personal use guidelines, including— guidelines for the benchmark personal use supply for each drug; and recommendations for preventing the prosecution of individuals possessing, distributing, or dispensing personal use quantities of each drug for purposes of subsistence distribution. Not later than one year after the date of the enactment of this Act, the report on personal use guidelines published under paragraph
(1)shall be transmitted to the Attorney General. Not later than one year after the date of the enactment of this Act the report on personal use guidelines published under paragraph
(1)shall be transmitted to the Attorney General. Not later than one year after the date of the enactment of this Act, the report on personal use guidelines published under paragraph
(1)shall be transmitted to each Federal district court. Not later than one year after the date of the enactment of this Act, the report on personal use guidelines published under paragraph
(1)shall be transmitted to each chief law enforcement officer of each State. In this subsection: The term benchmark personal use supply means the amount of a drug commonly possessed for consumption by an individual for any therapeutic, medicinal, recreational purpose. The term controlled substance shall have the same meaning given such term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). The term subsistence distribution means the unlawful distribution or dispensing of a drug by a person in quantities consistent with supporting that person’s drug addiction or ensuring basic food and shelter necessary to support life, and possession of no more than a benchmark personal use supply. The term harm reduction services means services and policies that lessen the adverse consequences of drug use and protect public health, including but not limited to overdose prevention education, access to naloxone hydrochloride and sterile syringes, and stimulant-specific drug education and outreach.
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Sec. 6
Commission on substance use, health, and safety
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