111TH CONGRESS 

2D SESSION S. 3397 

AN ACT 

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 3397 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Secure and Respon3 sible Drug Disposal Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The nonmedical use of prescription drugs is 

7 a growing problem in the United States, particularly 

8 among teenagers. 

9 (2) According to the Department of Justice’s 

10 2009 National Prescription Drug Threat Assess11 ment— 

12 (A) the number of deaths and treatment 

13 admissions for controlled prescription drugs 

14 (CPDs) has increased significantly in recent 

15 years; 

16 (B) unintentional overdose deaths involving 

17 prescription opioids, for example, increased 114 

18 percent from 2001 to 2005, and the number of 

19 treatment admissions for prescription opioids 

20 increased 74 percent from 2002 to 2006; and 

21 (C) violent crime and property crime asso22 ciated with abuse and diversion of CPDs has in23 creased in all regions of the United States over 

24 the past 5 years. 

25 (3) According to the Office of National Drug 

26 Control Policy’s 2008 Report ‘‘Prescription for Dan-
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1 ger’’, prescription drug abuse is especially on the 

2 rise for teens— 

3 (A) one-third of all new abusers of pre4 scription drugs in 2006 were 12- to 17-year5 olds; 

6 (B) teens abuse prescription drugs more 

7 than any illicit drug except marijuana—more 

8 than cocaine, heroin, and methamphetamine 

9 combined; and 

10 (C) responsible adults are in a unique posi11 tion to reduce teen access to prescription drugs 

12 because the drugs often are found in the home. 

13 (4)(A) Many State and local law enforcement 

14 agencies have established drug disposal programs 

15 (often called ‘‘take-back’’ programs) to facilitate the 

16 collection and destruction of unused, unwanted, or 

17 expired medications. These programs help get out18 dated or unused medications off household shelves 

19 and out of the reach of children and teenagers. 

20 (B) However, take-back programs often cannot 

21 dispose of the most dangerous pharmaceutical 

22 drugs—controlled substance medications—because 

23 Federal law does not permit take-back programs to 

24 accept controlled substances unless they get specific 

25 permission from the Drug Enforcement Administra-
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1 tion and arrange for full-time law enforcement offi2 cers to receive the controlled substances directly 

3 from the member of the public who seeks to dispose 

4 of them. 

5 (C) Individuals seeking to reduce the amount of 

6 unwanted controlled substances in their household 

7 consequently have few disposal options beyond dis8 carding or flushing the substances, which may not 

9 be appropriate means of disposing of the substances. 

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

11 of obstacles to the safe disposal of controlled sub12 stances due to the increased volume of controlled 

13 substances they handle. 

14 (5) This Act gives the Attorney General author15 ity to promulgate new regulations, within the frame16 work of the Controlled Substances Act, that will 

17 allow patients to deliver unused pharmaceutical con18 trolled substances to appropriate entities for disposal 

19 in a safe and effective manner consistent with effec20 tive controls against diversion. 

21 (6) The goal of this Act is to encourage the At22 torney General to set controlled substance diversion 

23 prevention parameters that will allow public and pri24 vate entities to develop a variety of methods of col-
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1 lection and disposal of controlled substances in a se2 cure and responsible manner. 

3 SEC. 3. DELIVERY OF CONTROLLED SUBSTANCES BY ULTI4 MATE USERS FOR DISPOSAL. 

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

6 Controlled Substances Act (21 U.S.C. 822) is amended 

7 by adding at the end the following: 

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

9 a controlled substance in accordance with this title may, 

10 without being registered, deliver the controlled substance 

11 to another person for the purpose of disposal of the con12 trolled substance if— 

13 ‘‘(A) the person receiving the controlled sub14 stance is authorized under this title to engage in 

15 such activity; and 

16 ‘‘(B) the disposal takes place in accordance 

17 with regulations issued by the Attorney General to 

18 prevent diversion of controlled substances. 

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

20 the Attorney General shall take into consideration the 

21 public health and safety, as well as the ease and cost of 

22 program implementation and participation by various 

23 communities. Such regulations may not require any entity 

24 to establish or operate a delivery or disposal program. 
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1 ‘‘(3) The Attorney General may, by regulation, au2 thorize long-term care facilities, as defined by the Attor3 ney General by regulation, to dispose of controlled sub4 stances on behalf of ultimate users who reside, or have 

5 resided, at such long-term care facilities in a manner that 

6 the Attorney General determines will provide effective con7 trols against diversion and be consistent with the public 

8 health and safety. 

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

10 a controlled substance for personal use, any person law11 fully entitled to dispose of the decedent’s property may 

12 deliver the controlled substance to another person for the 

13 purpose of disposal under the same conditions as provided 

14 in paragraph (1) for an ultimate user.’’. 

15 (b) CONFORMING AMENDMENT.—Section 308(b) of 

16 the Controlled Substances Act (21 U.S.C. 828(b)) is 

17 amended— 

18 (1) by striking the period at the end of para19 graph (2) and inserting ‘‘; or’’; and 

20 (2) by adding at the end the following: 

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

22 purpose of disposal by an ultimate user or long-term 

23 care facility acting in accordance with section 302(g) 

24 of this title.’’. 
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1 SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING 

2 COMMISSION. 

3 Pursuant to its authority under section 994 of title 

4 28, United States Code, the United States Sentencing 

5 Commission shall review and, if appropriate, amend the 

6 Federal sentencing guidelines and policy statements to en7 sure that the guidelines and policy statements provide an 

8 appropriate penalty increase of up to 2 offense levels above 

9 the sentence otherwise applicable in Part D of the Guide10 lines Manual if a person is convicted of a drug offense 

11 resulting from the authorization of that person to receive 

12 scheduled substances from an ultimate user or long-term 

13 care facility as set forth in the amendments made by sec14 tion 3. 

Passed the Senate August 3, 2010. 

Attest: 

Secretary. 
111TH CONGRESS 

2D SESSION S. 3397 

AN ACT 

To amend the Controlled Substances Act to provide 

certain instances, and for other purposes. for take-back disposal of controlled substances in