---
kind: "section"
citation: "45 C.F.R. § 78.3"
title: "45"
number: "78.3"
heading: "Benefits not denied to rehabilitated offenders."
url: "https://uscodex.org/cfr/45/78.3"
---

# §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)](/usc/21/853a.md?p=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)](/cfr/45/78.2.md?p=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)](/cfr/45/78.2.md?p=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)](/usc/21/853a.md?p=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)](/cfr/45/78.2.md?p=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)](/cfr/45/78.2.md?p=a).

## Notes

### Authority

Authority: Section 5301 of Pub. L. 100-690, the Anti-Drug Abuse Act of 1988, 102 Stat. 4310, 21 U.S.C. 853a.

### Source

Source: 56 FR 29592, June 28, 1991, unless otherwise noted.