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Reducing Harm or Enabling Substance

Abuse? Supervised Injection Sites Under

Federal Drug Law



November 22, 2019

To mitigate the effects of the opioid crisis in Philadelphia, in 2018 a nonprofit called Safehouse
announced plans to open a supervised injection site where illicit drug users could consume opioids under
the supervision of trained staff, receive medical intervention in case of an overdose, and access services
including addiction treatment. The U.S. Department of Justice (DOJ) sued Safehouse to block the
proposed facility, arguing that the supervised injection site would violate a provision of the Controlled
Substances Act (CSA) known as the crack house statute, which prohibits making facilities available
for the purpose of unlawfully . .. using a controlled substance. On October 2, 2019, a district court
judge in United States v Sa 'house ruled that the planned facility would not violate the CSA because the
provision in question does not apply to supervised injection sites such as Safehouse. The district court's
ruling could have significant implications for supervised injection sites in Philadelphia and beyond:
although supervised injection sites exist in ten countries worldwide, none currently operate openly in the
United States, due in part to concerns about their legality.
This Sidebar discusses the Safehouse litigation's importance for Congress by first providing relevant
factual and legal background, before identifying select considerations for Congress related to the
treatment of supervised injection sites under the CSA.

The   Opioid Crisis and Safehouse's Plan of Operation

The opioid epidemic has caused a public health crisis in the United States, with the Centers for Disease
Control and Prevention (CDC) reporting that overdoses on prescription and non-prescription opioids
claimed a record 47,600 lives in 2017. According to one report, in 2017 over 1,100 people died of
overdoses in Philadelphia alone. Safehouse was founded in 2018 to mitigate the effects of the opioid
crisis in that city.
A key feature of Safehouse's response to the opioid crisis is the organization's plan to operate a
supervised injection site. Suipevised injection sites are locations where controlled substance users can
consume  their own illicit drugs using sterile equipment under the supervision of trained medical staff who

                                                                  Congressional Research Service
                                                                    https://crsreports.congress.gov
                                                                                       LSB10364

 CRS Legal Sidebar
 Prepared for Members and
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