[Pharmwaste] Do DEA regulations allow municipal waste combustor to receive mailed back controlled substances from households? Would combustors want to?

Tue Aug 15 11:05:12 EDT 2006

Thanks, Charlotte.  While the request worms its way through DEA, I'm thinking
we'll need a "Plan B" in case DEA says "no."  We're on a pretty short time
line.  Even if DEA says "yes," it still may be something that a combustor
could or would not want to do. These plants are built and operated to receive
municipal solid waste by the truckload.  They may not have (or want to have)
the operational expertise or mindset to receive waste by the envelope-load,
particularly if it has to go to a secure location pretty quickly.  On the
other hand, it would be no different than their office staff receiving and
processing mail to the appropriate location, so maybe I am worrying about a
non-problem.  We'll see . . .  that's what pilots are for . . . and now I'll
end my ramblings on this topic. 

Jack.

John L. (Jack) Price

Environmental Manager

Hazardous Waste Management MS 4555

Florida Department of Environmental Protection

2600 Blair Stone Road

Tallahassee, FL  32399-2400

Phone:850.245.8751

Fax: 850.245.8811

john.l.price at dep.state.fl.us

www.dep.state.fl.us/waste

Please Note:  Florida has a very broad public records law.  Most written
communications to or from state officials regarding state business are public
records available to the public and media upon request.  Your e-mail is
communications and may therefore be subject to public disclosure.

  _____  

From: Charlotte A. Smith [mailto:csmith at pharmecology.com] 
Sent: Monday, August 14, 2006 10:29 PM
To: Price, John L.; pharmwaste at lists.dep.state.fl.us
Cc: Tenace, Laurie; Clarke, Raoul
Subject: RE: [Pharmwaste] Do DEA regulations allow municipal waste combustor
to receive mailed back controlled substances from households?

Hi Jack,

That is definitely a question for DEA in Wash DC and your regional DEA
office. It certainly is not an accepted procedure at this time. Unless the
incinerator itself is a DEA registrant, and I don't know of any municipal
incinerators that are, the returned controlled substances need to be received
by a law enforcement officer. I suggest you write a letter to your regional
DEA and they can pass it up the chain of command for a response. You can
contact them by visiting the Diversion Office directory at
http://www.deadiversion.usdoj.gov/drugreg/offices/index.html. Please keep us
posted as to their response!  Hope this helps. 

Charlotte A. Smith, R. Ph., M.S., HEM

President

PharmEcology Associates, LLC

200 S. Executive Drive, Suite 101

Brookfield, WI 53005

262-814-2635

Fax: 414-479-9941

csmith at pharmecology.com

www.pharmecology.com <http://www.pharmecology.com/> 

H2E Champion for Change Award 2004

  _____  

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Price, John L.
Sent: Monday, August 14, 2006 9:51 AM
To: pharmwaste at lists.dep.state.fl.us
Cc: Tenace, Laurie; Clarke, Raoul
Subject: [Pharmwaste] Do DEA regulations allow municipal waste combustor to
receive mailed back controlled substances from households?

Our agency is submitting a grant proposal under an EPA aging initiative for,
among other things, a pilot mail back program for household pharmaceuticals.
[You may want to submit a proposal as well, proposal deadline in 9/29/06. See
attached for details.]

One issue with our proposal is whether DEA regulations would permit a
municipal waste combustor to receive household unused pharmaceuticals,
including controlled substances, into a secure area of the facility.  This
would be much more efficient than having the pharms returned to a law
enforcement controlled mailbox, then transshipping to the combustor that will
do the destruction, witnessed for controlled substances, regular burn for
non-controlled.  

 As I understand the Maine mailback pilot under development, "As long as the
postal box that accepts the returned pharmaceuticals is in law-enforcement
control, there is a specific exemption in DEA regs for possession of
controlled drugs by law-enforcement in the line of duty (community policing
for instance, or substance abuse prevention.)" [email post to list serve
4/11/06 by Gressitt].

Are there exemptions or flexibilities in the DEA controlled substances
regulations that could be interpreted to allow direct return of mailed back
unused pharms from household users to the combustor that will do the
destruction? Could a secure location at the combustor be "controlled by law
enforcement" as that is defined in the controlled substances regulations? Or
is that scenario, even as a pilot program, definitely not doable under said
controlled substances regulations?

Any information will be appreciated.

Jack.

John L. (Jack) Price

Environmental Manager

Hazardous Waste Management MS 4555

Florida Department of Environmental Protection

2600 Blair Stone Road

Tallahassee, FL  32399-2400

Phone:850.245.8751

Fax: 850.245.8811

john.l.price at dep.state.fl.us

www.dep.state.fl.us/waste

Please Note:  Florida has a very broad public records law.  Most written
communications to or from state officials regarding state business are public
records available to the public and media upon request.  Your e-mail is
communications and may therefore be subject to public disclosure.

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