Secure and Responsible Drug Disposal Act of 2010
PL 111-273 (S.3397), enacted 10/12/2010

124 STAT. 2858 
PUBLIC LAW 111–273—OCT. 12, 2010 
Public Law 111–273 
111th Congress 
An Act 
To amend the Controlled Substances Act to provide for take-back disposal of con-
trolled 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 prescrip-
tion 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outdated or unused medications off household shelves and out 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. 
21 USC 822 note. 
21 USC 801 note. 
Secure and 
Responsible Drug 
Disposal Act of 
2010. 
Oct. 12, 2010 
[S. 3397] 
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124 STAT. 2859 
PUBLIC LAW 111–273—OCT. 12, 2010 
(B) However, take-back programs often cannot dispose of 
the most dangerous pharmaceutical drugs—controlled sub-
stance medications—because Federal law does not permit take- 
back 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 sub-
stances. 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 Con-
trolled 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 sub-
stances 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 reg-
istered, 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 author-
ized 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 con-
trolled 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 long- 
term care facilities, as defined by the Attorney General by regula-
tion, to dispose of controlled substances on behalf of ultimate users 
Regulations. 
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124 STAT. 2860 
PUBLIC LAW 111–273—OCT. 12, 2010 
LEGISLATIVE HISTORY—S. 3397: 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Aug. 3, considered and passed Senate. 
Sept. 29, considered and passed House, amended. Senate concurred in House 
amendment. 
who reside, or have resided, at such long-term care facilities in 
a manner that the Attorney General determines will provide effec-
tive 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 state-
ments 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. 
Approved October 12, 2010. 
28 USC 994. 
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