[Pharmwaste] NH legislators say Sched I should be accepted

Ed Gottlieb EGottlieb at cityofithaca.org
Wed Mar 30 14:09:46 EDT 2016

Hi All,

The New Hampshire legislature is considering a bill that would open take back programs to receive illicit drugs and drug paraphernalia to the drug take-back programs.  "Under this bill, the drug take-back program may have an on site employee, staff member, or volunteer to offer aid to persons returning the drugs in finding suitable rehabilitation assistance."

The NH house has already passed it.  Now, law enforcement is pushing back hard.
Police chiefs resist amnesty for turning in illicit drugs

The bills primary sponsor, Rep. Boehm replied to my email asking:
Can you please tell me how 1626-FN, is not in conflict with Federal law?  From the DEA General Public Fact Sheet [http://www.deadiversion.usdoj.gov/drug_disposal/fact_sheets/disposal_public.pdf]:
"10. Can I dispose of illicit drugs through a collection receptacle, mail-back package, or take-back event? How can I safely and securely dispose of my unwanted  marijuana?
• No.
Persons may not dispose of illicit drugs (e.g., schedule I controlled substances such as marijuana, heroin, LSD) through any of the three disposal methods."

53534 Federal Register/ Vol. 79, No. 174 / Tuesday, September 9, 2014 / Rules and Regulations

"[18] Issue:
Four commenters stated that the DEA should permit schedule I controlled substances to be disposed of via collection receptacles, mail-back packages, or take-back events.
The Disposal Act addresses the issue of unused prescription drugs, and it allows the DEA to provide ultimate users with a secure and responsible method to dispose of pharmaceutical controlled substances. This rule does not address the disposal of illicit controlled substances,
e.g., those substances controlled in schedule I of the CSA. Schedule I controlled substances, by definition, have no accepted medical use in treatment in the United States, and may not be lawfully prescribed or otherwise distributed to any person. In fact, any transfer of a schedule I controlled substance by an ultimate user is a violation of the CSA, unless the ultimate user is participating in an investigational use of drugs pursuant to 21 U.S.C. 355(i) and 360b(j), and the delivery is conducted inaccordance with 21 CFR 1317.85."
His reply:
From: boehm_r [ralph.boehm at leg.state.nh.us]
Sent: Wednesday, March 30, 2016 11:17 AM
To: Ed Gottlieb
Subject: Re: [BULK] RE: 1626-FN

Guess your questions could go to the police departments that are already doing it.  And maybe states should show some independence.
He did not respond to my suggestion that he consider sponsoring state EPR legislation, as MA has done.

I told him I'd like to follow-up on his suggestion by asking those police departments and requested contact info.
If he responds, I'll make those calls and report the results.

Maybe I should have directly responded to his statement, "And maybe states should show some independence."
If states show independence by ignoring Federal law, isn't that called Anarchy?

Ed Gottlieb
Chair, Coalition for Safe Medication Disposal
Industrial Pretreatment Coordinator
Ithaca Area Wastewater Treatment Facility
525 3rd Street
Ithaca, NY  14850
(607) 273-8381
fax: (607) 273-8433
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