Kennedy introduces bill to save resources and keep communities safe by simplifying meth prosecution standards

WASHINGTON - Sen. John Kennedy (R-La.), a member of the Senate Judiciary Committee, today introduced the Preventing Unnecessary Resource Expenditures (PURE) Act to remove the outdated distinction between pure and impure methamphetamine in federal criminal law.

"The meth on the streets today is far purer and more dangerous than it was 40 years ago because Mexican drug cartels and their Chinese chemical suppliers want to profit off of poisoning Americans. The PURE Act would keep Louisianians' communities safe by making it easier to prosecute meth dealers," said Kennedy.

Sens. Bill Hagerty (R-Tenn.) and Ted Cruz (R-Texas) cosponsored the bill.

"The drug overdose epidemic is devastating communities across the United States. The PURE Act closes an antiquated loophole that burdens drug testing laboratories and delays justice. I'm pleased to support this effort to empower our prosecutors and hold methamphetamine dealers accountable," said Hagerty.

"I am proud to join Sen. Kennedy in introducing the PURE Act to cut through outdated bureaucracy and ensure our criminal laws reflect modern science. The distinction between pure and impure methamphetamine is an unnecessary relic that complicates enforcement and hampers justice. This bill will give law enforcement the tools they need to go after dangerous drug traffickers while ensuring our legal system is fair, clear, and effective in protecting communities across America," said Cruz.

Under current law, the mandatory minimum sentence that applies to a meth offense depends on the purity of the confiscated meth. Congress created the disparity in mandatory minimum thresholds for pure and impure meth because defendants in possession of purer meth were thought to be higher in the distribution chain and thus more culpable.

However, the purity of meth is no longer a useful measure. In 1988, the average purity of meth was rarely greater than 50%. Today, however, meth samples rarely test below 90% pure. In 2022, meth samples had an average purity of 93.2% and a median purity of 98.0%. This shift toward purer meth coincided with the growing market share of Mexican drug cartels.

In addition to no longer being a useful measure, the requirement to establish purity for confiscated meth places a substantial burden on prosecutors and crime laboratories, which wastes valuable resources. The Drug Enforcement Agency (DEA) conducts more than 8,000 hours of purity testing on meth samples each year. To do that, the DEA must also buy and maintain special equipment that it uses to test meth samples.

Background:

• Over recent decades, domestic production of illicit meth in the United States has decreased significantly. At the same time, Mexican drug cartels-relying on chemical precursors from China-have obtained a greater market share and begun distributing increasingly pure meth.

• According to the Centers for Disease Control and Prevention (CDC), between 2002 and 2022, the rate of overdose deaths involving psychostimulants, primarily meth, increased more than 34 times, with 0.3 deaths per 100,000 in 2002 and 10.4 deaths per 100,000 in 2022.

• In 2020, meth became the second most common drug involved in overdose deaths (after fentanyl). According to the CDC, from 2021 through 2023, meth was associated with 95,063 overdose deaths.

The full bill text is available here.