State of Illinois
2017 and 2018


Introduced , by Rep. Barbara Wheeler


210 ILCS 150/17
415 ILCS 5/22.58

    Amends the Safe Pharmaceutical Disposal Act. Provides that pharmaceuticals disposed of under the Act may be destroyed in a drug destruction device. Amends the Environmental Protection Act. Expands the definition of "drug evidence" to include any used, expired, or unwanted pharmaceuticals collected under the Safe Pharmaceutical Disposal Act. Effective immediately.

LRB100 08001 MJP 18082 b






HB0524LRB100 08001 MJP 18082 b

1    AN ACT concerning regulation.
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 city, village, or municipality may
9authorize the use of its city hall or police department to
10display a container suitable for use as a receptacle for used,
11expired, or unwanted pharmaceuticals. These used, expired, or
12unwanted pharmaceuticals may include unused medication and
13prescription drugs, as well as controlled substances if
14collected in accordance with federal law. This receptacle shall
15only permit the deposit of items, and the contents shall be
16locked and secured. The container shall be accessible to the
17public and shall have posted clearly legible signage indicating
18that expired or unwanted prescription drugs may be disposed of
19in the receptacle. Pharmaceuticals disposed of under this Act
20may be destroyed in a drug destruction device in accordance
21with Section 22.58 of the Environmental Protection Act.
22(Source: P.A. 99-480, eff. 9-9-15.)



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



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