,,ii #aaith ,,congress #ast ,session ,s4 #cdcj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aa1 #bjbe,mr4 ,kennedy 7for himself1 ,mr4 ,cruz1 ,mr4 ,hagerty1 and ,mr4 ,graham7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,controlled ,substances ,act to prevent unnecessary resource expenditures relating to methamphetamine prosecutions4 #a4 ,short title ,this ,act may be cited as the ,preventing ,unnecessary ,resource ,expenditures ,act or the ,,pure ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,methamphetamine is a powerful1 highly addictive synthetic psychostimulant that affects the central nervous system4 ,it can cause both short- and long-term adverse effects1 including violent behavior1 permanent neurological damage1 and overdose death4 7#b7 ,beyond its destructive effects on individual health1 methamphetamine abuse threatens communities1 generates criminal behavior1 produces unemployment1 contributes to child neglect and abuse1 and breaks up families4 7#c7 ,domestic production of illicit methamphetamine in the ,united ,states has decreased significantly4 ,over the past #bj years1 clandestine methamphetamine laboratory seizures in the ,united ,states decreased from a high of #bc1gjc seizures in #bjjd to #cd seizures in #bjbd4 7#d7 ,however1 according to the ,centers for ,disease ,control and ,prevention1 between #bjjb and #bjbc1 the rate of overdose deaths involving psychostimulants1 primarily methamphetamine1 increased more than #ce times1 with #j4c deaths per #ajj1jjj in #bjjb and #aj4f deaths per #ajj1jjj in #bjbc4 7#e7 ,in #bjbj1 methamphetamine surpassed cocaine as the second most common drug involved in overdose deaths1 after fentanyl1 and it has remained in second place since then4 ,according to the ,centers for ,disease ,control and ,prevention1 from #bjba through #bjbc1 methamphetamine was associated with #ie1jfc overdose deaths4 7#f7 ,according to the #bjbd ,national ,drug ,threat ,assessment published by the ,drug ,enforcement ,administration1 #ca percent of drug-related deaths in the ,united ,states are caused by psychostimulants1 mostly methamphetamine4 7#g7 ,from #bjba through #bjbd1 the ,drug ,enforcement ,administration seized #ahb1jjj kilograms of methamphetamine4 ,by comparison1 from #bjja through #bjjc1 the ,federal-wide ,drug ,seizure ,system showed a total seizure of #aj1cje kilograms of methamphetamine4 7#h7 ,the sharp rise in methamphetamine offenses and overdoses can be attributed to ,mexican cartels1 which now produce the vast majority of the methamphetamine distributed in the ,united ,states4 7#i7 ,the ,people's ,republic of ,china supplies the bulk of precursor chemicals that are used in the production of synthetic methamphetamine by ,mexican drug cartels4 ,in turn1 ,mexican cartels produce significant quantities of highly pure methamphetamine in large laboratories at low cost4 ,the cartels then smuggle the illicit substance across the border into the ,united ,states4 7#aj7 ,methamphetamine offenses now account for approximately half of all drug trafficking offenses sentenced federally4 7#aa7 ,under section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda71 the mandatory minimum sentences for manufacturing1 distributing1 or dispensing methamphetamine1 or for possessing methamphetamine with the intent to manufacture1 distribute1 or dispense1 are triggered based on the purity of the confiscated methamphetamine4 7#ab7 ,the basis for the disparity in mandatory minimum thresholds between pure and impure methamphetamine was the fact that defendants in possession of pure methamphetamine were believed to be higher up in the distribution chain and thus more culpable4 7#ac7 ,according to the #bjbd report on ,methamphetamine ,trafficking ,offenses in the ,federal ,criminal ,justice ,system by the ,united ,states ,sentencing ,commission1 in #aihh1 when a majority of the methamphetamine distributed in the ,united ,states was produced by domestic laboratories1 the average purity of methamphetamine was rarely greater than #ej percent4 ,today1 it is rare for methamphetamine to test under #hj percent pure4 ,according to the #bjbe ,national ,drug ,threat ,assessment published by the ,drug ,enforcement ,administration1 the methamphetamine tested in #bjbd had an average purity of #ie4a percent4 7#ad7 ,the shift towards purer methamphetamine occurred as ,mexican cartels obtained greater market share of methamphetamine production and distribution beginning in the early #bjjjs4 ,the average purity per kilogram of methamphetamine tested by the ,drug ,enforcement ,administration in #bjjb was #dc percent1 but by #bjje the average purity was #hj percent4 7#ae7 ,the requirement to establish purity in prosecutions of methamphetamine distribution places a significant burden on ,federal and ,state crime laboratories1 contributing to a waste of resources and the overburdening of laboratory technicians who are already backlogged4 7#af7 ,the purity requirement for methamphetamine prosecutions is no longer needed given the statistical improbability of any drug dealer distributing impure methamphetamine4 7#ag7 ,at the same time1 methamphetamine is a greater threat to the health1 safety1 and welfare of the people of the ,united ,states than it has ever been4 #c4 ,adjustments to laboratory requirements in methamphetamine prosecutions ,part ,d of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda et seq47 is amended-- 7#a7 in section #dja7;b77#a7 7#ba ,u4,s4,c4 #hda7;b77#a77-- 7,a7 in subparagraph 7,a77viii71 by striking methamphetamine1 its salts1 isomers1 and salts of its isomers or #ejj grams or more of2 and 7,b7 in subparagraph 7,b77viii71 by striking methamphetamine1 its salts1 isomers1 and salts of its isomers or #ej grams or more of2 7#b7 in section #djh 7#ba ,u4,s4,c4 #hdh7-- 7,a7 by redesignating subsection 7s7 as subsection 7f72 and 7,b7 in subsection 7f71 as so redesignated1 by inserting a mixture or substance containing a detectable amount of after involving2 and 7#c7 in section #dai;a 7#ba ,u4,s4,c4 #hfj;a71 by inserting a mixture or substance containing a detectable amount of before methamphetamine4 #d4 ,amendment to the sentencing guidelines 7a7 ,directive ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and1 as appropriate1 amend the sentencing guidelines and policy statements applicable to persons convicted of offenses under section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7 involving methamphetamine1 its salts1 isomers1 and salts of its isomers1 or related crimes involving the manufacture1 distribution1 or dispensing1 or possessing with intent to manufacture1 distribute1 or dispense methamphetamine1 its salts1 isomers1 and salts of its isomers4 7b7 ,requirements ,in carrying out this subsection1 the ,sentencing ,commission shall-- 7#a7 take all appropriate measures to ensure that the sentencing guidelines and policy statements applicable to the offenses described in subsection 7a7 are sufficiently stringent to deter and adequately reflect the direct and aggregate harms caused to individuals1 families1 communities1 and society by such offenses2 and 7#b7 consider providing sentencing enhancements for those convicted of the offenses described in subsection 7a7 that-- 7,a7 involve a large number of victims2 7,b7 involve a pattern of continued and flagrant violations2 7,c7 involve the use or threatened use of a dangerous weapon2 or 7,d7 result in the death or bodily injury of any person4