Substance Misuse

Drafted in partnership with the O'Neill Institute for National & Global Health Law at Georgetown University Law Center, the Center for U.S. Policy, and Brown & Weinraub, PLLC, this model law assists states in their efforts to maximize funds available to address the overdose crisis. The Model Opioid Litigation Proceeds Act guides states through the establishment of a dedicated fund, separate from the state’s general treasury fund, that is designated for substance use disorder abatement, including prevention, treatment, recovery, and harm reduction infrastructure, programs, services, supports, and resources. All proceeds received by the state arising out of legal claims made against manufacturers and distributors of prescription opioid analgesics, pharmacies that dispensed prescription opioid analgesics, and related parties shall be deposited into the dedicated fund....

A newly released report from the United States Department of Justice indicates that among all state and federal prisoners, nearly four in 10 self-reported using drugs and three in 10 self-reported consuming alcohol, at the time of the offense for which they are currently serving a sentence in a correctional facility. Many of those individuals meet the clinical definition of having a substance or alcohol use disorder - 40% for substance use and just over 20% for alcohol. Of that population, 33% of state and 46% of federal prisoners, who met the criteria for having a substance or alcohol use disorder, reported participating in a treatment program after their admission to a correctional facility....

New psychoactive substances (NPS) are “substances of abuse, either in pure form or a preparation, that are not controlled by [international drug conventions], but which may pose a public health threat.” The term “new” (or “novel” in some publications) does not denote a brand new, never-before-seen substance, but a substance that is newly available in the drug market. NPS is a catch-all phrase that includes substances like bath salts, synthetic cannabinoids, synthetic opioids, synthetic cathinones, and other drugs of abuse that are not currently scheduled or controlled. This fact sheet provides general information about new and emerging drugs of abuse....

This fact sheet provides information about the Pay for Success Funding Initiatives, which involve, at a minimum, four parties: (1) the service provider/social program; (2) an investor or investors; (3) an independent evaluator; and (4) a traditional funder or “outcomes payor,” usually a branch of federal, state, or local government....

The Model Recovery Residence Certification Act is designed to implement a voluntary certification process for recovery residences in a state. The purpose of certification is to allow for greater oversight of recovery residences and greater protection of recovery home residents. As currently drafted, the Model Act allows either a state agency designated by the state or an approved certifying organization under contract with the state agency to certify recovery residences under the program outlined in the Act. The Act also addresses the zoning issues that have arisen in local jurisdictions around the country....