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Drug Enforcement Administration (DEA)

Safe disposal of a deceased person's controlled-substance medications

The Drug Enforcement Administration enforces the Controlled Substances Act and sets the rules under 21 CFR Part 1317 for safely disposing of controlled-substance medications. Federal law names the family directly: under 21 U.S.C. 822(g)(4) and 21 CFR 1317.30(b)(2), any person lawfully entitled to dispose of a decedent's property may hand the decedent's controlled substances to an authorized collector, a take-back event, or a mail-back program for disposal. A separate and much narrower path applies if the decedent was a DEA-registered practitioner: that registration terminates automatically at death under 21 CFR 1301.52(a), and the professional inventory left behind may not go into a take-back receptacle.

The DEA when someone dies

No notification is needed. DEA's page on what to do after a death →

Executors and family members

1
Sort out the controlled substances. Pharmacy labels show the schedule, such as CII, CIII or CIV, and only Schedule II through V medications are accepted for disposal.
2
Drop them in a DEA-authorized collection receptacle at a pharmacy, hospital or law enforcement office. Search the Year-Round Drop-Off Locations Search Utility by zip code. No ID or paperwork is required.
3
Turn them in at National Prescription Drug Take Back Day instead, held each April and October; the next is October 24, 2026, 10AM to 2PM. Find a site at www.dea.gov/takebackday.
4
Mail them in a prepaid mail-back package from a collector or law enforcement instead. No personal information is required, and only the package the collector supplied is accepted.
5
Follow FDA home-disposal guidance when no collector or mail-back option is available:
  • •Flush medicines on the FDA Flush List
  • •Mix the rest with used coffee grounds, dirt or cat litter, seal it in a closable container, and put it in the household trash
  • •Scratch out personal information on the empty packaging
6
Leave disposal to the facility when the person died in a nursing home or in hospice care. A long-term care facility transfers the medications within three business days of the death.

Estates of DEA-registered practitioners

1
Keep the practice's controlled-substance inventory out of take-back receptacles and Take Back Day sites. The registration ends automatically at death; the estate files no surrender form.
2
Call local or state law enforcement to pick up the inventory for disposal, and ask the local DEA Diversion office about unusual situations through its office locator.
3
Choose a DEA route instead, if preferred, and record the destruction on DEA Form 41:
  • •Destroy the inventory on site to a non-retrievable state
  • •Deliver it to a registered reverse distributor
  • •Ask the DEA Special Agent in Charge for help by submitting one copy of DEA Form 41
4
Return the DEA Certificate of Registration and any unexecuted DEA Form 222 order forms to the DEA Registration Unit for cancellation. Have a certified copy of the death certificate ready; reverse distributors and DEA commonly request one.
5
Report any theft or significant loss from the inventory in writing to the DEA Field Division Office within one business day of discovery, then file DEA Form 106 in the Theft/Loss Reporting system within 45 days.

Required Documents

  • Letters testamentary or letters of administration: if asked to show authority to act. Or other proof of entitlement to dispose of the decedent's property.
  • DEA Certificate of Registration: for a deceased registrant. Returned to the DEA Registration Unit for cancellation.
  • Unexecuted DEA Form 222 order forms: for a deceased registrant. Returned to the DEA Registration Unit for cancellation with the Certificate of Registration.
  • Completed DEA Form 41: for a deceased registrant. Lists the controlled substances destroyed and is retained as the record of destruction.
  • Certified copy of the death certificate: Commonly requested by a reverse distributor or by DEA when closing out a registrant's affairs.

Timeline

Drop-off at an authorized collector or a Take Back Day site is completed in a single visit. No federal deadline applies to a family disposing of a household decedent's prescriptions.

Deadlines3

Long-term care facility transfers a deceased resident's controlled substances into its collection receptacle

within 3 business days of the death1

Written report of a theft or significant loss from a registrant's inventory to the DEA Field Division Office

within 1 business day of discovery2

DEA Form 106 filed in the Theft/Loss Reporting system

within 45 days of discovery3, 2

What happens to each matter2

Controlled-substance medications

Any person lawfully entitled to dispose of a decedent's property may deliver the decedent's Schedule II-V medications for disposal, the same way the patient could have in life. No provision transfers the prescription to a surviving family member.4, 5

The delivery routes are an authorized collector's receptacle, a law-enforcement take-back event or a mail-back package, and each one names the person disposing of the decedent's property alongside the patient.6

Once the medications go into a collection receptacle they cannot be counted, sorted or individually handled, so nothing is recorded against the estate.6

A long-term care facility may dispose of a deceased resident's Schedule II-V medications on the resident's behalf by transferring them into an authorized collection receptacle at that facility.5, 1

For a hospice patient, a trained employee of a qualified hospice program may dispose of the dispensed controlled substances on site after the death, without being DEA-registered.4

Controlled substances in a deceased registrant's inventory may not be disposed of through drug take-back collection. DEA's guidance is to contact local or state law enforcement to pick up the inventory for disposal.7

License, certificate or registration

A DEA registration terminates without any further action by the Administration when the registrant dies; the estate files no form and has no deadline to miss. DEA Form 104, the voluntary-surrender form for a living registrant, does not apply.8

The estate returns the Certificate of Registration and any unexecuted DEA Form 222 order forms to the DEA Registration Unit for cancellation, and disposes of the remaining controlled substances under Part 1317.8

What DEA's rules say4

Who reports the death

DEA does not take death reports, and there is no form to file for an ordinary household death.9

Proof of death accepted

No documentation or ID is required at the receptacle. The regulation lets any person lawfully entitled to dispose of a decedent's property make the transfer but sets no proof requirement, and a mail-back program may not require any personal information.6, 5

Processing and payment

Disposal of a deceased registrant's inventory depends on the route chosen (law-enforcement pick-up, reverse-distributor pick-up, on-site destruction or DEA-coordinated destruction) and is not on a fixed schedule.9

What the agency does and does not handle

Outside a long-term care facility or hospice, a doctor or pharmacy cannot take the medications. DEA's regulations do not permit practitioners to dispose of abandoned controlled substances, and DEA points to local law enforcement instead.7

DEA collection receptacles and take-back events exist for Schedule II-V medications. The rules do not address needles or syringes, and individual collectors set their own accepted-item lists.6

Only persons registered with and authorized by DEA to handle controlled substances may use DEA Form 41; a family disposing of a household decedent's prescriptions has none to complete.10

Loss of a household decedent's own prescriptions carries no DEA reporting duty; it is reported to local law enforcement.2

Forms DEA issues2

DEA Form 41: Registrant Record of Controlled Substances Destroyed

Records the controlled substances destroyed, the method of destruction and the two witnesses. It is kept as the record of destruction for at least two years and submitted to DEA only on request.10

Completed by a DEA registrant, or an estate coordinating with DEA over a deceased registrant's inventory. Available to download.

DEA Form 106: Report Theft/Loss of Controlled Substances

Filed through the DEA Theft/Loss Reporting (TLR) online system within 45 days of discovering a theft or significant loss from a registrant's inventory. It follows the written notice to the DEA Field Division Office.3

Completed online.

Other agencies and offices involved4

Local or state law enforcement

Picking up a deceased registrant's inventory for disposal7

Local DEA Diversion office

Unusual situations with a deceased registrant's inventory11

FDA

Home disposal guidance, including the Flush List of medicines that can kill in a single dose12, 13

EPA

Household guidance on disposing of needles and syringes through a sharps program14

Programs for survivors1

National Prescription Drug Take Back Day

A DEA-coordinated event held twice a year, in April and October, where local law enforcement and DEA partners set up no-cost collection sites. The next one is October 24, 2026, from 10AM to 2PM.15, 16

Who qualifies: A person entitled to dispose of a decedent's property may turn medications in there.

Sources16

SimplyTrustSimplyTrust Editorial·

Sources

Show 2 more sources

Data sourced from Drug Enforcement Administration primary sources (16 pages reviewed). How we research.

DEA death reporting

Drug Disposal Information (Diversion Control Division)

Verified Sep 2026

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