S. 3397 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To amend the Controlled Substances Act to provide for take-back disposal of controlled substances in certain instances, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Secure and Responsible Drug 

Disposal Act of 2010’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) The nonmedical use of prescription drugs is a growing 

problem in the United States, particularly among teenagers. 

(2) According to the Department of Justice’s 2009 National 

Prescription Drug Threat Assessment— 

(A) the number of deaths and treatment admissions 

for controlled prescription drugs (CPDs) has increased 

significantly in recent years; 

(B) unintentional overdose deaths involving prescription opioids, for example, increased 114 percent from 2001 

to 2005, and the number of treatment admissions for 

prescription opioids increased 74 percent from 2002 to 2006; 

and 

(C) violent crime and property crime associated with 

abuse and diversion of CPDs has increased in all regions 

of the United States over the past 5 years. 

(3) According to the Office of National Drug Control Policy’s 

2008 Report ‘‘Prescription for Danger’’, prescription drug abuse 

is especially on the rise for teens— 

(A) one-third of all new abusers of prescription drugs 

in 2006 were 12- to 17-year-olds; 

(B) teens abuse prescription drugs more than any illicit 

drug except marijuana—more than cocaine, heroin, and 

methamphetamine combined; and 

(C) responsible adults are in a unique position to 

reduce teen access to prescription drugs because the drugs 

often are found in the home. 

(4)(A) Many State and local law enforcement agencies have 

established drug disposal programs (often called ‘‘take-back’’ 

programs) to facilitate the collection and destruction of unused, 

unwanted, or expired medications. These programs help get 

outdated or unused medications off household shelves and out 

of the reach of children and teenagers. 
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(B) However, take-back programs often cannot dispose of 

the most dangerous pharmaceutical drugs—controlled substance medications—because Federal law does not permit takeback programs to accept controlled substances unless they get 

specific permission from the Drug Enforcement Administration 

and arrange for full-time law enforcement officers to receive 

the controlled substances directly from the member of the public 

who seeks to dispose of them. 

(C) Individuals seeking to reduce the amount of unwanted 

controlled substances in their household consequently have few 

disposal options beyond discarding or flushing the substances, 

which may not be appropriate means of disposing of the substances. Drug take-back programs are also a convenient and 

effective means for individuals in various communities to reduce 

the introduction of some potentially harmful substances into 

the environment, particularly into water. 

(D) Long-term care facilities face a distinct set of obstacles 

to the safe disposal of controlled substances due to the increased 

volume of controlled substances they handle. 

(5) This Act gives the Attorney General authority to 

promulgate new regulations, within the framework of the Controlled Substances Act, that will allow patients to deliver 

unused pharmaceutical controlled substances to appropriate 

entities for disposal in a safe and effective manner consistent 

with effective controls against diversion. 

(6) The goal of this Act is to encourage the Attorney General 

to set controlled substance diversion prevention parameters 

that will allow public and private entities to develop a variety 

of methods of collection and disposal of controlled substances, 

including some pharmaceuticals, in a secure, convenient, and 

responsible manner. This will also serve to reduce instances 

of diversion and introduction of some potentially harmful substances into the environment. 

SEC. 3. DELIVERY OF CONTROLLED SUBSTANCES BY ULTIMATE USERS 

FOR DISPOSAL. 

(a) REGULATORY AUTHORITY.—Section 302 of the Controlled 

Substances Act (21 U.S.C. 822) is amended by adding at the end 

the following: 

‘‘(g)(1) An ultimate user who has lawfully obtained a controlled 

substance in accordance with this title may, without being registered, deliver the controlled substance to another person for the 

purpose of disposal of the controlled substance if— 

‘‘(A) the person receiving the controlled substance is authorized under this title to engage in such activity; and 

‘‘(B) the disposal takes place in accordance with regulations 

issued by the Attorney General to prevent diversion of controlled substances. 

‘‘(2) In developing regulations under this subsection, the 

Attorney General shall take into consideration the public health 

and safety, as well as the ease and cost of program implementation 

and participation by various communities. Such regulations may 

not require any entity to establish or operate a delivery or disposal 

program. 

‘‘(3) The Attorney General may, by regulation, authorize longterm care facilities, as defined by the Attorney General by regulation, to dispose of controlled substances on behalf of ultimate users 
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who reside, or have resided, at such long-term care facilities in 

a manner that the Attorney General determines will provide effective controls against diversion and be consistent with the public 

health and safety. 

‘‘(4) If a person dies while lawfully in possession of a controlled 

substance for personal use, any person lawfully entitled to dispose 

of the decedent’s property may deliver the controlled substance 

to another person for the purpose of disposal under the same 

conditions as provided in paragraph (1) for an ultimate user.’’. 

(b) CONFORMING AMENDMENT.—Section 308(b) of the Controlled 

Substances Act (21 U.S.C. 828(b)) is amended— 

(1) by striking the period at the end of paragraph (2) 

and inserting ‘‘; or’’; and 

(2) by adding at the end the following: 

‘‘(3) the delivery of such a substance for the purpose of 

disposal by an ultimate user, long-term care facility, or other 

person acting in accordance with section 302(g).’’. 

SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. 

Pursuant to its authority under section 994 of title 28, United 

States Code, the United States Sentencing Commission shall review 

and, if appropriate, amend the Federal sentencing guidelines and 

policy statements to ensure that the guidelines and policy statements provide an appropriate penalty increase of up to 2 offense 

levels above the sentence otherwise applicable in Part D of the 

Guidelines Manual if a person is convicted of a drug offense 

resulting from the authorization of that person to receive scheduled 

substances from an ultimate user or long-term care facility as 

set forth in the amendments made by section 3. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.