I 
111TH CONGRESS 
2D SESSION 
H. R. 5809 
To amend the Controlled Substances Act to provide for take-back disposal 
of controlled substances in certain instances, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 21, 2010 
Mr. INSLEE (for himself, Mr. SMITH of Texas, Mr. STUPAK, and Mr. MORAN 
of Virginia) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend the Controlled Substances Act to provide for take- 
back disposal of controlled substances in certain in-
stances, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Drug Disposal 
Act of 2010’’. 
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SEC. 2. DELIVERY OF CONTROLLED SUBSTANCES BY ULTI-
MATE 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 con-
trolled substance if— 
‘‘(A) the person receiving the controlled sub-
stance is authorized under this title to receive and 
dispose of the controlled substance; and 
‘‘(B) the delivery and disposal takes place in ac-
cordance with regulations issued by the Attorney 
General to prevent diversion of controlled sub-
stances. 
The regulations referred to in subparagraph (B) shall be 
consistent with the public health and safety. In developing 
such regulations, the Attorney General shall take into con-
sideration the ease and cost of program implementation 
and participation by various communities. 
‘‘(2) The Attorney General shall, by regulation, au-
thorize long-term care facilities, as defined by the Attor-
ney General by regulation, to deliver for disposal con-
trolled substances on behalf of ultimate users in a manner 
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that the Attorney General determines will provide effective 
controls against diversion and be consistent with the pub-
lic health and safety. 
‘‘(3) If a person dies while lawfully in possession of 
a controlled substance for personal use, any person law-
fully 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 para-
graph (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. 3. PUBLIC EDUCATION CAMPAIGN. 
The Director of National Drug Control Policy, in con-
sultation with the Administrator of the Environmental 
Protection Agency, shall carry out a public education and 
outreach campaign to increase awareness of how ultimate 
users may lawfully and safely dispose of prescription 
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drugs, including controlled substances, through drug take- 
back programs and other appropriate means. 
SEC. 4. GAO REPORT. 
The Comptroller General of the United States shall— 
(1) collect data on the delivery, transfer, and 
disposal of controlled substances under section 
302(g) of the Controlled Substances Act, as added 
by section 2; and 
(2) not less than 4 years after the date of the 
enactment of this Act, submit findings and rec-
ommendations to the Congress regarding use, effec-
tiveness, and accessibility of disposal programs. 
SEC. 5. EPA STUDY OF ENVIRONMENTAL IMPACTS. 
(a) STUDY.—The Administrator of the Environ-
mental Protection Agency (in this section referred to as 
the ‘‘Administrator’’) shall— 
(1) in consultation with relevant state and local 
officials and other sources of relevant technical ex-
pertise, conduct a study to— 
(A) examine the environmental impacts re-
sulting from the ultimate disposal of controlled 
substances in existing disposal systems; 
(B) taking into consideration such impacts, 
the ease and cost of implementation of drug 
take-back programs, and participation in such 
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programs by various communities, formulate 
appropriate recommendations on the destruc-
tion or ultimate disposal of prescription drugs, 
including controlled substances; and 
(C) identify any additional legal authority 
needed by the Administrator to carry out such 
recommendations; and 
(2) not later than 18 months after the date of 
the enactment of this Act, submit a report to the 
Congress on the results of such study. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect the Administrator’s au-
thority under other provisions of law. 
Æ 
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