Drug disposal programs; business assessments prohibited; restrictions; state preemption; definition

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9-500.45. Drug disposal programs; business assessments prohibited; restrictions; state preemption; definition

A. A city or town may not:

1. Impose a tax, fee, assessment or charge on any consumer or owner or operator of a business to pay for or support a drug disposal program in the city's or town's jurisdiction.

2. Require an owner or operator of a business to establish, pay for or operate a drug disposal program in the city's or town's jurisdiction.

B. Subsection A of this section does not prohibit a city or town from using other general fund monies for the purpose of operating a drug disposal program.

C. The establishment or regulation of a drug disposal program by an owner or operator of a business that complies with state and federal law and rules adopted pursuant to those laws is a matter of statewide concern and is not subject to further regulation by a city or town.

D. For the purposes of this section, " drug disposal program" means a program to collect, transport or dispose of prescription drugs, including controlled substances, nonprescription drugs, needles or sharps that are no longer wanted by the owner or that have been abandoned or discarded or are intended to be abandoned or discarded by the owner.


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