The Controlled Substances Act and safe consumption facilities

Safe consumption facilities (SCFs) are effective at preventing overdose fatalities and reducing transmission of infectious diseases, like HIV and Hepatitis C. The city of Philadelphia is moving forward with plans to open the first SCF in the United States; however, the U.S. Attorneys’ Office has filed a lawsuit to stop these plans from moving forward. Estimates predict that >24 overdose deaths per year will be prevented in Philadelphia if the proposed SCF is opened while also connecting drug users to treatment and social services. It is also expected to save the city millions of dollars in hospitalizations, ambulance rides, and emergency room visits. SCFs reduce public nuisances like public injecting and littered syringes, and do not increase local crime or the number of people who are addicted to drugs. Despite these benefits, SCFs are illegal under 21 U.S.C. §856 of the Controlled Substances Act according to the Department of Justice. We propose that Congress amend the Controlled Substances Act such that federal law cannot be interpreted to prohibit localities from opening and operating Safe Consumption Facilities.