S. 3397 would permit the Department of Justice (DOJ) to authorize long-term care facilities to dispose of certain controlled substances that too without imposing significant effect on the amount of money DOJ spends on drug-control programs.
The Act amends Controlled Substances Act and allows an ultimate user of a controlled substance (or, if deceased, any person lawfully entitled to dispose of the ultimate user's property) who has lawfully obtained such substance to deliver that substance to another person, without being registered, for disposal if:
(1) The person receiving the controlled substance is authorized to engage in such activity; and
(2) The disposal takes place in accordance with regulations issued by the Attorney General to prevent diversion of controlled substances.
While developing regulations under this Act, the Attorney General has to mull over the public health, safety, cost and ease of the program and also encourage participation of various communities. The Act authorizes the Attorney General to permit long-term care facilities to dispose of controlled substances on behalf of ultimate users who reside, or have resided, at such facilities in a manner that will provide effective controls against diversion and that is consistent with public health and safety.
And, the Act Directs:
(2) the Director of National Drug Control Policy to work with the Administrator of the Environmental Protection Agency (EPA) and carry out a public education and outreach campaign to increase awareness of safe drug disposal;
(3) the Comptroller General to collect data on the delivery, transfer, and disposal of controlled substances under this Act and to submit findings and recommendations to Congress on the use, effectiveness, and accessibility of disposal programs; and
(4) the EPA Administrator, in consultation with state and local officials and other sources of relevant technical expertise, to study and report to Congress on the environmental impacts from the ultimate disposal of controlled substances through existing methods and the ease and cost of implementation of drug take-back programs.
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