S AMDT 1292

S 1292 IS

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

June 18, 2009

Ms. KLOBUCHAR (for herself, Mr. GRASSLEY, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To amend the Controlled Substances Act to provide for take-back disposal of controlled 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 2009’.

SEC. 2. 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 registered, 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 authorized 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 controlled substances.

‘(2) The Attorney General may, by regulation, authorize long-term care facilities, as defined by the Attorney General by regulation, to dispose of controlled 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 public health and safety.’.

(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 or long-term care facility acting in accordance with section 302(g) of this title.’.