Disposal of Controlled Substances

us-doj-guidance-DEA-DC-068Disposal of Controlled SubstancesGuidance

Drug Enforcement Administration
Diversion Control Division
Guidance Document
Title: Disposal of Controlled Substances
Summary: This guidance document, will be sent via email to all Drug Enforcement Administration
registrants to provide clarification for disposal.
Activity: Disposal of Controlled Substances
To Whom It Applies: DEA-Registrants
Dear Registrant,
It has come to the Drug Enforcement Administration’s (DEA) attention that some registrants
are mailing unauthorized shipments of controlled substances to DEA’s warehouse in Springfield,
Virginia, for disposal. Registrants should not send unauthorized shipments of controlled
substances to the DEA at this address for disposal. Instead, registrants have several options for
disposal as outlined in 21 CFR part 1317.
Under 21 CFR 1317.05(a), practitioner registrants may dispose of their inventory in one of
the following ways:
(1) Promptly destroy that controlled substance in accordance with subpart C of 21 CFR 1317
using an on-site method of destruction;
(2) Promptly deliver that controlled substance to a reverse distributor’s registered location by
common or contract carrier pick-up or by reverse distributor pick-up at the registrant’s
registered location;
(3) For the purpose of return or recall, promptly deliver that controlled substance by
common or contract carrier pick-up or pick-up by other registrants at the registrant’s
registered location to: the registered person from whom it was obtained, the registered
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DEA Registrant 	Page 2
manufacturer of the substance, or another registrant authorized by the manufacturer to
accept returns or recalls on the manufacturer’s behalf; or
(4) Request assistance from the Special Agent in Charge (SAC) of DEA in the area in which
the practitioner is located. A copy of the DEA-Form 41 must be sent to the SAC for
consideration, which lists the controlled substances the practitioner wants to dispose of.
The SAC may advise the practitioner to do one of the following:
 	Transfer the controlled substances to a registrant authorized to transport or destroy
the substances;
 	Deliver the controlled substances to a DEA agent or to the nearest office of DEA; or
 	Destroy the controlled substances in the presence of a DEA agent or other authorized
person.
Under 21 CFR 1317.05(b), non-practitioner registrants may dispose of unwanted controlled
substances in one of the following ways:
(1) Promptly destroy that controlled substance in accordance with subpart C of 21 CFR 1317
using an on-site method of destruction;
(2) Promptly deliver that controlled substance to a reverse distributor’s registered location by
common or contract carrier pick-up or by reverse distributor pick-up at the registrant’s
registered location;
(3) For the purpose of return or recall, promptly deliver that controlled substance by
common or contract carrier or pick-up at the registrant’s registered location to: the
registered person from whom it was obtained, the registered manufacturer of the
substance, or another registrant authorized by the manufacturer to accept returns or
recalls on the manufacturer’s behalf; or
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DEA Registrant 	Page 3
(4) Promptly transport that controlled substance by its own means to the registered location
of a reverse distributor, the location of destruction, or the registered location of any
person authorized to receive that controlled substance for the purpose of return or recall
as described in paragraph (b)(3) of this section.
(i) 	If a non-practitioner transports controlled substances by its own means to an
unregistered location for destruction, the non-practitioner shall do so in
accordance with the procedures set forth at 21 CFR 1317.95(c).
(ii) 	If a non-practitioner transports controlled substances by its own means to a
registered location for any authorized purpose, transportation shall be directly to
the authorized registered location and two employees of the transporting non-
practitioner shall accompany the controlled substances to the registered
destination location. Directly transported means the substances shall be
constantly moving towards their final location and unnecessary or unrelated stops
and stops of an extended duration shall not occur.
The contents of this document do not have the force and effect of law and are not meant to
bind the public in any way. This document is intended only to provide clarity to the public
regarding existing requirements under the law or department policies.
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DEA Registrant 	Page 4
For more information regarding DEA’s Diversion Control Division, please visit
www.DEAdiversion.usdoj.gov. If you have any additional questions on this issue, please contact
the Diversion Control Policy Section at 571-362-3260 or email them at ODLP@dea.gov.
Sincerely,
Claire M. Brennan
Acting Deputy Assistant Administrator
Diversion Control Division
EO-DEA255, DEA-DC-068, April 2, 2023
Complete printed PDF page 4

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