The Opioid Epidemic: Supply Control and Criminal Justice Policy—Frequently Asked Questions

Summary

Over the last several years, lawmakers in the United States have responded to rising drug overdose deaths, which increased four-fold from 1999 to 2017, with a variety of legislation, hearings, and oversight activities. In 2017, more than 70,000 people died from drug overdoses, and approximately 68% of those deaths involved an opioid.

Many federal agencies are involved in domestic and foreign efforts to combat opioid abuse and the continuing increase in opioid related overdose deaths. A subset of those agencies confront the supply side (some may also confront the demand side) of the opioid epidemic. The primary federal agency involved in drug enforcement, including prescription opioids diversion control, is the Drug Enforcement Administration (DEA). Other federal agencies that address the illicit opioid supply include, but are not limited to, the Federal Bureau of Investigation, Offices of the U.S. Attorneys, Office of Justice Programs, U.S. Customs and Border Protection, U.S. Department of State, U.S. Postal Inspection Service, and Office of National Drug Control Policy. This report focuses on efforts from these departments and agencies only.

Lawmakers have addressed opioid abuse as both a public health and a criminal justice issue, and Congress enacted several new laws in the 114th and 115th Congresses. These include the Comprehensive Addiction and Recovery Act of 2016 (CARA; P.L. 114-198), the 21st Century Cures Act (Cures Act; P.L. 114-255), and most recently the SUPPORT for Patients and Communities Act (SUPPORT Act; P.L. 115-271). Congress also provided funds specifically to address the opioid epidemic in FY2017-FY2019 appropriations.

This report answers common supply and criminal justice-related questions that have arisen as drug overdose deaths in the United States continue to increase. It does not provide a comprehensive overview of opioid abuse as a criminal justice issue. The report is divided into the following sections:

Overview of the Opioid Epidemic in the United States;

Overview of the Opioid Supply;

Opioids and Domestic Supply Control Policy;

Opioids and Foreign Supply Control Policy;

Recent Congressional Action on the Opioid Epidemic; and

The Opioid Epidemic and State Criminal Justice Policies.