45 CFR Part 78 — Conditions for Waiver of Denial of Federal Benefits

PART 78—CONDITIONS FOR WAIVER OF DENIAL OF FEDERAL BENEFITS Authority: Section 5301 of Pub. L. 100-690, the Anti-Drug Abuse Act of 1988, 102 Stat. 4310, 21 U.S.C. 853a. Source: 56 FR 29592, June 28, 1991, unless otherwise noted. § 78.1 Applicability. This part is applicable to any decision to deny Federal benefits, under authority of 21 U.S.C. 853a, to an individual convicted of a Federal or State offense involving distribution or possession of a controlled substance as defined by the Controlled Substances Act, 21 U.S.C. 802. § 78.2 Definitions. For the purposes of denying Federal benefits under 21 U.S.C. 853a: (a) Deemed to be rehabilitated (b) Long-term treatment program or long-term drug treatment program § 78.3 Benefits not denied to rehabilitated offenders. (a) No individual convicted of any Federal or State offense involving the distribution of controlled substances shall be denied Federal benefits relating to long-term drug treatment programs for addiction under 21 U.S.C. 853a(a)(2) if: (1) The individual declares himself or herself to be an addict and submits to a long-term treatment program for addiction as defined by § 78.2(b), provided that in the determination of the sentencing court there is a reasonable body of evidence to substantiate the individual's declaration that such individual is an addict; or (2) The individual is, in the determination of the sentencing court, deemed to be rehabilitated as defined by § 78.2(a). (b) No individual convicted of any Federal or State offense involving the possession of controlled substances shall be denied any Federal benefit, or otherwise subject to penalties and conditions, under 21 U.S.C. 853a(b)(2) if: (1) The individual declares himself or herself to be an addict and submits to a long-term treatment program for addiction as defined by § 78.2(b), provided that in the determination of the sentencing court there is a reasonable body of evidence to substantiate the individual's declaration that such individual is an addict; or (2) The individual is, in the determination of the sentencing court, deemed to be rehabilitated as defined by § 78.2(a).

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