IIB 
111TH CONGRESS 
2D SESSION 
H. R. 5809 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 23, 2010 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Drug Disposal 
Act of 2010’’. 
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. Such regula-
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tions may not require any entity to establish or operate 
a delivery or disposal program. 
‘‘(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 
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).’’. 
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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 
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 later 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— 
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