Last year, I opposed legislation to create a statewide take-back program for medications because it seemed a measure that sounded good on the surface, but likely wouldn’t accomplish the intended objective.
This year, Senate Bill 5234 has been drafted in a way that addresses my previous misgivings and is good for consumers, local law enforcement agencies, our environment, and public safety.
Nearly all of us have unused or expired medicines in our homes. Whether it’s prescription drugs or over-the-counter medications, they seem to pile up in the bathroom cabinet. At some point we get rid of them, and that’s where the problem starts.
These items are not easy to dispose of responsibly. As potentially hazardous substances, they shouldn’t be flushed down the toilet or thrown out with the trash.
Storing them in your home poses risks as well. Legislators heard testimony this year from parents whose children died from accidental drug poisonings. The problem is more widespread than one would think. In fact, Washington is one of 16 states where accidental poisonings have surpassed traffic fatalities as the No. 1 cause of accidental death. And most accidental poisonings are from medications.
To reduce these tragic incidents, and prevent discarded drugs from ending up where they shouldn’t, some law enforcement agencies and pharmacies have set up temporary drop-off locations. These sites accept and safely dispose of unused, expired, or unwanted medications. There are four such locations within Kitsap County, including the Bainbridge Police Department.
But not every county has a drop-off location. Additionally, the costs of collection, transport and disposal of the medications are borne individually by each location. These are already lean times for law enforcement agencies, and disposal of hazardous substances isn’t one of their core functions.
Last year’s legislation could have run afoul of the Federal Controlled Substances Act, which requires that certain drugs be handled only by law enforcement officers. Since then, Congress has passed a law removing this restriction, creating more options for medication drop-off locations.
With the 2010 legislation, I also questioned whether a statewide collection program, funded by the drug companies, would have the unintended consequence of passing along costs to consumers and businesses in the midst of a recession.
This year, after carefully considering the testimony of county sheriffs who are committed to making sure drugs are disposed of responsibly — even while their own budgets are being cut — I am convinced that those costs have already been passed along. When a multi-billion-dollar industry puts a product out on the market, but the cost of safely disposing of that product falls on local governments and law enforcement — both of which are funded by we, the taxpayers — the cost is being socialized and borne by all of us.
However, the proposed legislation this year even includes a cost cap. So there is a reasonable limit on what drug companies would have to pay.
It’s time for drug companies to step up and fund a statewide program for collection, transport, and disposal of unwanted medications. For a couple of pennies per medication sold, every county in our state could have a take-back program in place. We’d be able to clear out our medicine cabinets, protect our environment, let law enforcement focus on public safety, and, most importantly, keep potentially deadly drugs out of the hands of our children.
Fred Finn represents the 35th District in the Washington State Legislature.