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1    AN ACT concerning drug disposal.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Safe Pharmaceutical Disposal Act is amended
5by changing Section 17 as follows:
6    (210 ILCS 150/17)
7    Sec. 17. Pharmaceutical disposal. Notwithstanding any
8provision of law, any county city, village, or municipality may
9authorize the use of its city hall, its or police department,
10or any other facility under its control to display a container
11suitable for use as a receptacle for used, expired, or unwanted
12pharmaceuticals. These used, expired, or unwanted
13pharmaceuticals may include unused medication and prescription
14drugs, as well as controlled substances if collected in
15accordance with federal law. This receptacle shall only permit
16the deposit of items, and the contents shall be locked and
17secured. The container shall be accessible to the public and
18shall have posted clearly legible signage indicating that
19expired or unwanted prescription drugs may be disposed of in
20the receptacle. The county or municipality shall provide
21continuous or regular notice to the public regarding the
22availability of the receptacle. To the extent allowed under
23federal law, pharmaceuticals collected under this Section may



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1be disposed of in a drug destruction device, as defined in
2Section 22.58 of the Environmental Protection Act.
3(Source: P.A. 99-480, eff. 9-9-15.)
4    Section 10. The Environmental Protection Act is amended by
5changing Section 22.58 as follows:
6    (415 ILCS 5/22.58)
7    Sec. 22.58. Drug destruction by law enforcement agency.
8    (a) For purposes of this Section:
9    "Drug destruction device" means a device that is (i)
10designed by its manufacturer to destroy drug evidence and
11render it non-retrievable and (ii) used exclusively for that
12purpose or, to the extent allowed under federal law, to destroy
13pharmaceuticals collected under Section 17 of the Safe
14Pharmaceutical Disposal Act.
15    "Drug evidence" means any illegal drug collected as
16evidence by a law enforcement agency. "Drug evidence" does not
17include hazardous waste.
18    "Illegal drug" means any one or more of the following when
19obtained without a prescription or otherwise in violation of
20the law:
21        (1) any substance as defined and included in the
22    Schedules of Article II of the Illinois Controlled
23    Substances Act;
24        (2) any cannabis as defined in Section 3 of the



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1    Cannabis Control Act; or
2        (3) any drug as defined in paragraph (b) of Section 3
3    of the Pharmacy Practice Act.
4    "Law enforcement agency" means an agency of this State or
5unit of local government that is vested by law or ordinance
6with the duty to maintain public order and to enforce criminal
7laws or ordinances.
8    "Non-retrievable" means the condition or state following a
9process that permanently alters the illegal drug's physical or
10chemical condition or state through irreversible means and
11thereby renders the illegal drug unavailable and unusable for
12all practical purposes.
13    (b) To the extent allowed under federal law, drug evidence
14that is placed into a drug destruction device by a law
15enforcement agency at the location where the evidence is stored
16by the agency and that is destroyed under the supervision of
17the agency in accordance with the specifications of the device
18manufacturer shall not be considered discarded or a waste under
19this Act until it is rendered non-retrievable.
20(Source: P.A. 99-60, eff. 7-16-15.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.