II 

Calendar No. 495 

111TH CONGRESS 

2D SESSION S. 3397 

To amend the Controlled Substances Act to provide for take-back disposal 

of controlled substances in certain instances, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2010 

Ms. KLOBUCHAR (for herself, Mr. CORNYN, Mr. GRASSLEY, Mr. BROWN of 

Ohio, Mrs. GILLIBRAND, Ms. COLLINS, Mr. CORKER, Mr. FEINGOLD, and 

Mr. KOHL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

JULY 29, 2010 

Reported by Mr. LEAHY, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure and Respon5 sible Drug Disposal Act of 2010’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The nonmedical use of prescription drugs is 

4 a growing problem in the United States, particularly 

5 among teenagers. 

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

7 2009 National Prescription Drug Threat Assess8 ment— 

9 (A) the number of deaths and treatment 

10 admissions for controlled prescription drugs 

11 (CPDs) has increased significantly in recent 

12 years; 

13 (B) unintentional overdose deaths involving 

14 prescription opioids, for example, increased 114 

15 percent from 2001 to 2005, and the number of 

16 treatment admissions for prescription opioids 

17 increased 74 percent from 2002 to 2006; and 

18 (C) violent crime and property crime asso19 ciated with abuse and diversion of CPDs has in20 creased in all regions of the United States over 

21 the past 5 years. 

22 (3) According to the Office of National Drug 

23 Control Policy’s 2008 Report ‘‘Prescription for Dan24 ger’’, prescription drug abuse is especially on the 

25 rise for teens— 


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1 (A) one-third of all new abusers of pre2 scription drugs in 2006 were 12- to 17-year3 olds; 

4 (B) teens abuse prescription drugs more 

5 than any illicit drug except marijuana—more 

6 than cocaine, heroin, and methamphetamine 

7 combined; and 

8 (C) responsible adults are in a unique posi9 tion to reduce teen access to prescription drugs 

10 because the drugs often are found in the home. 

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

12 agencies have established drug disposal programs 

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

14 collection and destruction of unused, unwanted, or 

15 expired medications. These programs help get out16 dated or unused medications off household shelves 

17 and out of the reach of children and teenagers. 

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

19 dispose of the most dangerous pharmaceutical 

20 drugs—controlled substance medications—because 

21 Federal law does not permit take-back programs to 

22 accept controlled substances unless they get specific 

23 permission from the Drug Enforcement Administra24 tion and arrange for full-time law enforcement offi25 cers to receive the controlled substances directly 


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1 from the member of the public who seeks to dispose 

2 of them. 

3 (C) Individuals seeking to reduce the amount of 

4 unwanted controlled substances in their household 

5 consequently have few disposal options beyond dis6 carding or flushing the substances, which may not 

7 be appropriate means of disposing of the substances. 

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

9 of obstacles to the safe disposal of controlled sub10 stances due to the increased volume of controlled 

11 substances they handle. 

12 (5) This Act gives the Attorney General author13 ity to promulgate new regulations, within the frame14 work of the Controlled Substances Act, that will 

15 allow patients to deliver unused pharmaceutical con16 trolled substances to appropriate entities for disposal 

17 in a safe and effective manner consistent with effec18 tive controls against diversion. 

19 (6) The goal of this Act is to encourage the At20 torney General to set controlled substance diversion 

21 prevention parameters that will allow public and pri22 vate entities to develop a variety of methods of col23 lection and disposal of controlled substances in a se24 cure and responsible manner. 


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1 SEC. 3. DELIVERY OF CONTROLLED SUBSTANCES BY ULTI2 MATE USERS FOR DISPOSAL. 

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

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

5 by adding at the end the following: 

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

7 a controlled substance in accordance with this title may, 

8 without being registered, deliver the controlled substance 

9 to another person for the purpose of disposal of the con10 trolled substance if— 

11 ‘‘(A) the person receiving the controlled sub12 stance is authorized under this title to engage in 

13 such activity; and 

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

15 with regulations issued by the Attorney General to 

16 prevent diversion of controlled substances. 

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

18 the Attorney General shall take into consideration the pub19 lic health and safety, as well as the ease and cost of program 

20 implementation and participation by various communities. 

21 Such regulations may not require any entity to establish 

22 or operate a delivery or disposal program. 

23 ‘‘(2)(3) The Attorney General may, by regulation, au24 thorize long-term care facilities, as defined by the Attor25 ney General by regulation, to dispose of controlled sub26 stances on behalf of ultimate users who reside, or have reVerDate Mar 15 2010 23:19 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3397.RS S3397

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1 sided, at such long-term care facilities in a manner that 

2 the Attorney General determines will provide effective con3 trols against diversion and be consistent with the public 

4 health and safety. 

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

6 a controlled substance for personal use, any person lawfully 

7 entitled to dispose of the decedent’s property may deliver 

8 the controlled substance to another person for the purpose 

9 of disposal under the same conditions as provided in para10 graph (1) for an ultimate user.’’. 

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

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

13 amended— 

14 (1) by striking the period at the end of para15 graph (2) and inserting ‘‘; or’’; and 

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

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

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

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

20 of this title.’’. 

21 SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING 

22 COMMISSION. 

23 Pursuant to its authority under section 994 of title 

24 28, United States Code, the United States Sentencing Com25 mission shall review and, if appropriate, amend the Federal 


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1 sentencing guidelines and policy statements to ensure that 

2 the guidelines and policy statements provide an appro3 priate penalty increase of up to 2 offense levels above the 

4 sentence otherwise applicable in Part D of the Guidelines 

5 Manual if a person is convicted of a drug offense resulting 

6 from the authorization of that person to receive scheduled 

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

8 as set forth in the amendments made by section 3. 


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Calendar No. 495 

111TH CONGRESS 

2D SESSION S. 3397 

A BILL 

To amend the Controlled Substances Act to provide 

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

JULY 29, 2010 

Reported with amendments 


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