Existing law, the Uniform Controlled Substances Act, authorizes the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense. Existing law authorizes a police or sheriffs department, the Department of Justice, or the Department of the California Highway Patrol to, with an order from the court, destroy controlled substances, instruments, or paraphernalia, as specified.

Existing law, the Uniform Controlled Substances Act, authorizes the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense. Existing law authorizes a police or sheriffs department, the Department of Justice, or the Department of the California Highway Patrol to, with an order from the court, destroy controlled substances, instruments, or paraphernalia, as specified.

This bill would authorize a local police department, sheriffs office, or state law enforcement agency in possession of a controlled substance to purchase and install an incinerator for the sole purpose of destroying seized controlled substances, as provided. The bill would require the local police department, sheriffs office, or state law enforcement agency to follow specified federal regulations and to notify the State Air Resources Board and the local air quality management district or local air pollution control district of the project, as specified. The bill would authorize multiple law enforcement agencies to purchase and install an incinerator for these purposes through a memorandum of understanding that details cost sharing. The bill would exempt a project to purchase and install an incinerator that complies with these requirements from CEQA. Because a lead agency would be required to determine the applicability of this exemption, the bill would impose a state-mandated local program. transport a controlled substance that has been held beyond the applicable retention period for an ongoing investigation or related proceedings, and that they are otherwise authorized by law to destroy, to the Department of Justice for disposal. The bill would authorize the Department of Justice, upon an appropriation by the Legislature, to contract with a third party to dispose of all controlled substances received pursuant to these provisions.

Existing law, the Uniform Controlled Substances Act, authorizes the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

This bill would authorize a local police department, sheriffs office, or state law enforcement agency to purchase and install an incinerator for the sole purpose of destroying seized controlled substances, as provided. The bill would require the local police department, sheriffs office, or state law enforcement agency to follow specified federal regulations and to notify the State Air Resources Board and the local air quality management district or local air pollution control district of the project, as specified. The bill would authorize multiple law enforcement agencies to purchase and install an incinerator for these purposes through a memorandum of understanding that details cost sharing. The bill would exempt a project to purchase and install an incinerator that complies with these requirements from CEQA. Because a lead agency would be required to determine the applicability of this exemption, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

SENATE COMMITTEE ON

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular Session

AB 1612 (Alanis) - Disposition of controlled substances

Bill Summary:

AB 1612 would require the Department of Justice (DOJ), upon an appropriation, in consultation with the Department of Toxic Substances Control and other relevant state agencies, to develop guidance for the proper management and disposal of controlled substances in the possession of a local police department, sheriff’s office or state law enforcement agency.

Fiscal Impact:

Estimated $325,000 in FY 2027-28 and $450,000 in 2028-29, subject to appropriation, likely decreasing to minor in future years to DOJ to develop and publish guidance. (General Fund)

Likely similar costs to the DTSC and other entities with the California Environmental Protection Agency (CalEPA) to assist in developing guidance and for technical expertise. (various special funds).

Unknown costs, none to significant one time and ongoing to adopt regulations as needed. (various special funds, General Fund)

Background:

The California Hazardous Waste Control Law (HWCL) is the state’s program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated, to management, transportation, and ultimately disposal into a state or federal authorized facility.

In 2018, the US Environmental Protection Agency issued a memorandum which provides law enforcement agencies with information on how to more cost effectively manage household pharmaceuticals collected in take-back programs. In the memo, US EPA clarifies that law enforcement agencies should not use “burn barrels” or any other uncontrolled open burning method or technology to destroy household pharmaceuticals collected during take-back events or in take-back kiosks.

Although law enforcement is not required to meet the DEA regulations that apply to DEA registrants, the DEA regulations state, “Any controlled substances collected by law enforcement through a take-back event, mail-back program, or collection receptacle should be transferred to a destruction location in a manner that prevents the diversion of controlled substances.” As a result, US EPA assumes that law enforcement will also choose to meet DEA’s non-retrievable standard of destruction for the household pharmaceuticals it collects to prevent the diversion of the controlled substances.

This US EPA guidance is for law enforcement when administering a household pharmaceutical take-back event. The guidance does not provide information for law enforcement when managing seized controlled substances. Regardless of whether the substance is a pharmaceutical from a take-back event, or a seized controlled substance, it must be destroyed in a facility authorized under state and federal law to accept and destroy the substance.

Staff Comments:

While there are clear processes for destroying controlled substances in a take-back event, the procedures for law enforcement when destroying seized controlled substances are less clear. While these controlled substances are similar to pharmaceuticals from a take-back event, they are not the same. Prior to 2022, these materials were destroyed at the state’s two municipal solid waste incinerators.

In 2022, AB 1857 (Christina Garcia) Chapter 342/2022 removed the 10 percent diversion credit for waste sent to incinerators under the California Integrated Waste Management Act, reclassifying incineration as disposal and accelerating closures amid zero-waste mandates. By 2024, both facilities shut down, leaving agencies with no reliable in-state option.

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: AB 1612 Hearing Date: June 30, 2026

Subject: Disposition of controlled substances

HISTORY

Source: Author

Prior Legislation: AB 1857 (Garcia), Ch. 342, Stats of 2022

AB 649 (Patterson), held in Senate Appropriations, 2015

Support: Rural County Representatives of California

Opposition: None known

Assembly Floor Vote: 77 - 0

PURPOSE

The purpose of this bill is to require the Department of Justice, upon appropriation, in consultation with the Department of Toxic Substances Control (DTSC) and other relevant agencies, to develop and publish guidance on its website for the proper management and disposal of controlled substances in the possession of a local police department, sheriff’s office, or state law enforcement agency.

Existing law establishes the federal Resource Conservation and Recovery Act (RCRA) to authorize the United States Environmental Protection Agency (US EPA) to manage hazardous and non-hazardous wastes throughout the wastes’ life cycle. (42 U.S.C. § 6901 et seq.)

Existing law creates the Hazardous Waste Control Law (HWCL) and provides the DTSC with responsibility for overseeing the management of hazardous waste in California. (Health & Saf. Code, § 25100 et seq.).

Existing law defines hazardous wastes as those identified in regulation by DTSC; wastes categorized as hazardous under RCRA; and, extremely hazardous waste and acutely hazardous waste. (Health & Saf. Code, § 25117.)

Existing law defines a hazardous waste as a federal RCRA hazardous waste if it meets any of the following criteria:

• It exhibits any of the characteristics of ignitability, corrosivity, reactivity, or toxicity;
• It is listed as a hazardous waste under federal regulation; and,
• It is listed as a hazardous waste under state regulation. (Cal. Code Regs., tit. 22, § 66261.100.)

Existing law creates the California Uniform Controlled Substances Act (Act). (Health & Saf. Code, § 11000.)

Existing law defines controlled substance as a drug, substance, or immediate precursor which is listed in any schedule listed in law. (Health & Saf. Code, § 11007.)

Existing law designates controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of the Act as contraband and requires them to be seized and summarily forfeited to the state. (Health & Saf. Code, § 11475.)

Existing law requires all seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city, county, or state official as found property, or as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction, to be destroyed by order of the court, unless the court finds that the controlled substances, instruments, or paraphernalia were lawfully possessed by the defendant. (Health & Saf. Code, § 11473.5.)

Existing law authorizes a court order for the destruction of controlled substances, instruments, or paraphernalia to be carried out by a police or sheriff’s department, the Department of Justice (DOJ), the Department of the California Highway Patrol, the Department of Cannabis Control, or the Department of Alcoholic Beverage Control. Requires the court order to specify the agency responsible for the destruction. (Health & Saf. Code, § 11474.)

Existing law requires a law enforcement agency responsible for the disposal of any hazardous chemical to comply with the provisions of the HWCL, as well as all applicable state and federal statutes and regulations. (Health & Saf. Code, § 11479.5.)

Existing law prescribes the retention and distribution of exhibits in a criminal case. (Pen. Code, § 1417 et seq.)

Existing law states that if an exhibit by its nature is toxic it shall be introduced in court in the form of photographic record and a written chemical analysis. (Pen. Code, § 1417.3)

This bill requires the DOJ, upon appropriation, in consultation with the DTSC and other relevant agencies, to develop and publish guidance on its website for the proper management and disposal of controlled substances in the possession of a local police department, sheriff’s office, or state law enforcement agency.

COMMENTS

1. Need for This Bill

The author writes:

California law enforcement agencies are increasingly being asked to manage large quantities of dangerous controlled substances, including fentanyl, methamphetamine, and heroin, yet there is no uniform statewide framework for how those materials should be handled once they are no longer needed as evidence. The closure of California's remaining in-state destruction facilities has only highlighted the lack of clear guidance available to local agencies. AB 1612 addresses this problem by establishing a pathway for law enforcement agencies to transfer eligible controlled substances to the Department of Justice for disposal and by requiring the Department of Justice to develop statewide guidance on the proper management and disposal of these materials. This bill is intended to provide law enforcement with the clarity, consistency, and support needed to safely manage dangerous controlled substances while protecting officers, preserving chain of custody, and promoting public safety

1. Existing Law Governing Hazardous Waste

The California Hazardous Waste Control Law (HWCL) is the state’s program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated, to management, transportation, and ultimately disposal into a state or federal authorized facility.

The HWCL defines hazardous wastes as those identified in regulation by DTSC; wastes categorized as hazardous under RCRA; and extremely hazardous waste and acutely hazardous waste. (Health & Saf. Code, § 25117.)

Hazardous waste is federal RCRA hazardous waste if it meets any of the following criteria:

• It exhibits any of the characteristics of ignitability, corrosivity, reactivity, or toxicity;
• It is listed as a hazardous waste under federal regulation; and,
• It is listed as a hazardous waste under state regulation. (Cal. Code Regs., tit. 22, § 66261.100.)

1. Destruction of Pharmaceutical Waste

In 2018, the US EPA issued a memorandum which provides law enforcement agencies with information on how to more cost effectively manage household pharmaceuticals collected in take-back programs. Specifically, the memorandum describes the various options law enforcement agencies can use to transport and destroy household pharmaceuticals collected in take-back programs consistent with the applicable regulations under US EPA, Drug Enforcement Administration (DEA), Department of Transportation (DOT), and U.S. Postal Service (USPS). In the memo, US EPA clarifies that law enforcement agencies should NOT use “burn barrels” or any other uncontrolled open burning method or technology to destroy household pharmaceuticals collected during take-back events or in take-back kiosks.

US EPA also clarifies that law enforcement agencies are not required to drive collected household pharmaceuticals to a combustion facility. The collected pharmaceuticals can be sent for destruction via common carrier (in accordance with DEA and DOT or USPS procedures) for destruction at:

• • • Hazardous waste combustors;
    • Large and small municipal waste combustors;
    • Hospital, medical, and infectious waste incinerators;
    • Commercial and industrial solid waste incinerators; or
    • Very small municipal waste combustors that are regulated as other solid waste incinerators.

In the memorandum, US EPA additionally recommends that the collected household pharmaceuticals from take-back events be sent to a permitted hazardous waste combustor as this is the most environmentally protective approach.

DEA regulations require that collected household pharmaceuticals be destroyed in a manner that meets DEA’s non-retrievable standard. DEA has indicated that incineration meets its non-retrievable standard of destruction.

Although law enforcement is not required to meet the DEA regulations that apply to DEA registrants, the DEA regulations state, “Any controlled substances collected by law enforcement through a take-back event, mail-back program, or collection receptacle should be transferred to a destruction location in a manner that prevents the diversion of controlled substances.” As a result, US EPA assumes that law enforcement will also choose to meet DEA’s non-retrievable standard of destruction for the household pharmaceuticals it collects to prevent the diversion of the controlled substances.

This US EPA guidance above is for law enforcement when administering a household pharmaceutical take-back event. The guidance does not provide information for law enforcement when managing seized controlled substances. Regardless of whether the substance is a pharmaceutical from a take-back event, or a seized controlled substance, it must be destroyed in a facility authorized under state and federal law to accept and destroy the substance.

1. Existing Law Governing the Destruction of Controlled Substances

California law enforcement agencies seize large quantities of illegal drugs including fentanyl, methamphetamine, and heroin. Under existing law, all seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city, county, or state official as found property, or as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction, must be destroyed by order of the court, unless the court finds that the controlled substances, instruments, or paraphernalia were lawfully possessed by the defendant. (Health & Saf. Code, § 11473.5.) A court order for the destruction of controlled substances, instruments, or paraphernalia may be carried out by a police or sheriff’s department, the DOJ, the Department of the California Highway Patrol, the Department of Cannabis Control, or the Department of Alcoholic Beverage Control. The court order must specify the agency responsible for the destruction. (Health & Saf. Code, § 11474.) A law enforcement agency responsible for the disposal of any hazardous chemical to comply with the provisions of the HWCL, as well as all applicable state and federal statutes and regulations. (Health & Saf. Code, § 11479.5.)

While there are clear processes for destroying controlled substances in a take-back event, it is not clear what the procedures for law enforcement when destroying seized controlled substances. While these controlled substances are similar to pharmaceuticals from a take-back event, they are not the same.

For decades, these materials were securely destroyed at the state’s two remaining municipal solid waste incinerators (Southeast Resource Recovery Facility in Long Beach and Reworld/Covanta at Crows Landing), which met strict DEA “non-retrievable” standards through high-temperature, controlled combustion. (21 CFR §1317.)

In 2022, AB 1857 removed the 10% diversion credit for waste sent to incinerators under the California Integrated Waste Management Act, reclassifying incineration as disposal and accelerating closures amid zero-waste mandates. By 2024, both facilities shut down, leaving agencies with no reliable in-state option.

Agencies now have the following alternatives:

• • • Prolonged storage in evidence lockers
    • Long-haul transport to out-of-state incinerators in armored convoys, which carry logistical costs and are burdensome for rural departments.
    • Chemical neutralization, which requires handling of reagents, often produces secondary hazardous waste residues needing further disposal
    • Open-air burning under local permits, which releases uncontrolled smoke, particulates, dioxins, and toxins into the air, which are methods the EPA discourages

1. Effect of This Bill

This bill requires the DOJ, upon appropriation, in consultation with the DTSC and other relevant agencies, to develop and publish guidance on its website for the proper management and disposal of controlled substances in the possession of a local police department, sheriff’s office, or state law enforcement agency.

1. Argument in Support

The Rural Counties Representatives of California writes:

Controlled substances can be extremely challenging for local governments and law enforcement agencies to properly manage and dispose, with fewer and fewer opportunities available within the geographic confines of the state. Hazardous wastes and controlled substances are inherently difficult to manage, with just two disposal facilities located in the state. For wastes that must be incinerated, local agencies are often left with few choices other than to ship those waste streams to incinerators located halfway across the country. These challenges are exacerbated for law enforcement agencies, who often must divert personnel to maintain custody of the materials until destruction. AB 1612 commendably seeks to provide clarity and guidance to law enforcement for how to properly manage and dispose of controlled substances.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1612

Author:(Alanis)

As Amended Ver:May 18, 2026

Majority vote

SUMMARY

Requires the Department of Justice (DOJ), upon an appropriation by the Legislature, and in consultation with the Department of Toxic Substances Control (DTSC) and other relevant state and local agencies, to develop and publish guidance, on DOJ's internet website, for proper management and disposal of controlled substances in the possession of a local or state law enforcement agency.

Major Provisions

COMMENTS

California Hazardous Waste Control Law (HWCL): The HWCL is the state's program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated, to management, transportation, and ultimately disposal into a state or federal authorized facility.

Managing pharmaceutical waste from take-back events: In 2018, the United States Environmental Protection Agency (US EPA) issued a memorandum which provides law enforcement agencies with information on how to more cost effectively manage household pharmaceuticals collected in take-back programs. Specifically, the memorandum describes the various options law enforcement agencies can use to transport and destroy household pharmaceuticals collected in take-back programs consistent with the applicable regulations under US EPA, the Drug Enforcement Administration (DEA), Department of Transportation (DOT), and United States Postal Service (USPS). In the memo, US EPA clarifies that law enforcement agencies should NOT use "burn barrels" or any other uncontrolled open burning method or technology to destroy household pharmaceuticals collected during take-back events or in take-back kiosks.

US EPA also clarifies that law enforcement agencies are not required to drive collected household pharmaceuticals to a combustion facility. The collected pharmaceuticals can be sent for destruction via common carrier (in accordance with DEA and DOT or USPS procedures) for destruction at:

1) Hazardous waste combustors;

2) Large and small municipal waste combustors;

3) Hospital, medical, and infectious waste incinerators;

4) Commercial and industrial solid waste incinerators; or,

5) Very small municipal waste combustors that are regulated as other solid waste incinerators.

In the memorandum, US EPA additionally recommends that the collected household pharmaceuticals from take-back events be sent to a permitted hazardous waste combustor as this is the most environmentally protective approach.

DEA regulations require that collected household pharmaceuticals be destroyed in a manner that meets DEA's non-retrievable standard. DEA has indicated that incineration meets its non-retrievable standard of destruction.

Although law enforcement is not required to meet the DEA regulations that apply to DEA registrants, the DEA regulations state, "Any controlled substances collected by law enforcement through a take-back event, mail-back program, or collection receptacle should be transferred to a destruction location in a manner that prevents the diversion of controlled substances." As a result, US EPA assumes that law enforcement will also choose to meet DEA's non-retrievable standard of destruction for the household pharmaceuticals it collects to prevent the diversion of the controlled substances.

Important note: The US EPA guidance above is for law enforcement when administering a household pharmaceutical take back event. The guidance does not provide information for law enforcement when managing seized controlled substances. Regardless of whether the substance is a pharmaceutical from a take back event, or a seized controlled substance, it must be destroyed in a facility authorized under state and federal law to accept and destroy the substance.

Limited exemption from the HWCL for controlled substances: DTSC's regulations (California Code of Regulations, 22 Section 66261.4) provide for a conditional exemption from the HWCL for controlled substances if the controlled substances meet specified conditions. Additionally, the regulations require the controlled substances to be managed in accordance with the requirements within the regulation, which include the incineration of the controlled substances under specified requirements and limitations.

Confusion with managing seized controlled substances: With the introduction of this bill, it appears that several law enforcement agencies are unsure of the procedures for destroying seized controlled substances. While these controlled substances are similar to pharmaceuticals from a take back event, they are not the same. There is federal guidance for law enforcement on how to manage and destroy pharmaceuticals from a take back event, however there does not appear to be such guidance for seized controlled substances. It could be helpful for law enforcement if DTSC or another state agency were to post and disseminate guidance on how to properly transport and destroy seized controlled substances.

This bill: AB 1612 aims to assist law enforcement agencies with managing and destroying seized controlled substances. Specifically, this bill requires the DOJ, upon an appropriation by the Legislature, and in consultation with DTSC and other relevant state and local agencies, to develop and publish guidance, on DOJ's internet website, for proper management and disposal of controlled substances in the possession of a local or state law enforcement agency.

According to the Author

"California law enforcement agencies are seizing increasing volumes of dangerous controlled substances like fentanyl, methamphetamine, and heroin, yet there is currently no uniform pathway for their disposal. Following the closure of California's last in-state incineration facilities, agencies have been forced into a patchwork of inadequate alternatives including prolonged storage that exposes officers to lethal substances, costly and risky out-of-state transport, or disposal methods that are less secure and more harmful to the environment. AB 1612 addresses this gap by establishing a more coordinated, statewide approach to disposal through the Department of Justice, ensuring law enforcement is no longer left without guidance or support in handling these hazardous materials. This bill is about protecting officers, maintaining chain of custody, and providing a practical, responsible solution to a growing public safety challenge."

Arguments in Support

According to the California Police Chiefs Association:

"For decades, law enforcement agencies have relied on centralized incineration facilities to safely destroy seized narcotics and other hazardous contraband. However, the recent closure of California's remaining large-scale incineration facilities has created a significant gap in the state's ability to dispose of these materials. As a result, agencies are now left without a reliable in-state option for destruction, forcing departments to identify alternative methods that are often inefficient, costly, and potentially unsafe.

In the absence of local disposal capacity, many agencies are now required to transport seized drugs and contraband over long distances, in some cases traveling across the state or even out of state to access appropriate facilities. This process requires significant coordination, including the use of sworn personnel, secure transport protocols, and extended time away from core public safety duties. These burdens are particularly acute for smaller and mid-sized departments that lack the staffing and resources to absorb these additional responsibilities.

At the same time, the volume of seized narcotics—particularly fentanyl and other dangerous controlled substances—continues to increase. Without timely disposal options, agencies are experiencing growing backlogs of evidence that must be securely stored for extended periods. This creates additional risks, including potential diversion, contamination concerns, and increased liability associated with maintaining large quantities of hazardous materials in evidence facilities."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, enactment of this bill could lead to one-time General Fund cost pressure for DOJ, and, to a lesser extent, DTSC, to hire limited-term staff or contract with an outside entity or subject matter expert to develop and publish the required guidance. Implementation of the bill is subject to an appropriation by the Legislature.

VOTES

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-0

YES: Connolly, Ellis, Bauer-Kahan, Castillo, Lee, McKinnor, Papan

ASM PUBLIC SAFETY: 9-0-0

YES: Schultz, Alanis, Mark González, Haney, Harabedian, Lackey, Nguyen, Ramos, Sharp-Collins

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Aguiar-Curry, Calderon, Caloza, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache

ABS, ABST OR NV: Hoover, Dixon, Ta, Tangipa

UPDATED

VERSION: May 18, 2026

CONSULTANT: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0002984

Date of Hearing: May 6, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1612

Author:(Alanis) – As Amended Ver:April 7, 2026

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes the Department of Justice (DOJ) to contract with a third party to dispose of all controlled substances received from a local police department, sheriff's office, or state law enforcement agency.

Specifically, this bill:

1. Authorizes DOJ, upon appropriation, to contract with a third party to dispose of all controlled substances (as defined) received from a local police department, sheriff's office, or state law enforcement agency.
2. Authorizes a local police department, sheriff’s office, or state law enforcement agency in possession of a controlled substance, if the controlled substance has been held beyond the applicable retention period for an ongoing investigation or related proceedings and the department, office, or agency is otherwise authorized by law to destroy the controlled substance, to transport the controlled substance to DOJ for disposal.
3. Requires DOJ to promulgate regulations necessary to implement the provisions of this bill.

FISCAL EFFECT:

While DOJ did not have a cost estimate available at the time of the writing of this analysis, the committee anticipates ongoing General Fund cost pressures of an unknown but very significant amount, likely in the tens of millions of dollars annually, for DOJ to promulgate regulations and develop and implement a statewide system to dispose of controlled substances it receives from a local police department, sheriff's office, or state law enforcement agency. The magnitude of these costs will depend on the volume of substances DOJ receives annually, the geographic distribution of participating agencies, and the scope and complexity of the systems DOJ establishes to receive, track, store, and transport the contraband.

According to the California Commission on Peace Officer Standards and Training, there are about 600 state and local law enforcement agencies in the state. With the state’s last two remaining solid waste incinerators shut down in 2024, DOJ will likely need to transport seized substances out-of-state – which may require highly specialized and protective equipment; secure facilities to receive and store substances (including environmental controls, surveillance systems, and chain-of-custody protocols); specialty vehicles and interstate transport; significant qualified personnel; ongoing training; information technology systems for tracking, accounting, and auditing; insurance and liability coverage; regulations, guidance, and technical assistance; and other related tasks. Regardless of whether DOJ chooses to contract with a third-party vendor for this work or manage it in-house, ongoing costs will be significant.

The Legislative Analyst’s Office recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 fiscal year and ongoing.

COMMENTS:

1) Purpose. According to the author:

California law enforcement agencies are seizing increasing volumes of dangerous controlled substances like fentanyl, methamphetamine, and heroin, yet there is currently no uniform pathway for their disposal. Following the closure of California’s last in-state incineration facilities, agencies have been forced into a patchwork of inadequate alternatives including prolonged storage that exposes officers to lethal substances, costly and risky out-of-state transport, or disposal methods that are less secure and more harmful to the environment.

AB 1612 addresses this gap by establishing a more coordinated, statewide approach to disposal through the Department of Justice, ensuring law enforcement is no longer left without guidance or support in handling these hazardous materials. This bill is about protecting officers, maintaining chain of custody, and providing a practical, responsible solution to a growing public safety challenge.

2) Background. According to the Environmental Safety and Toxic Materials Committee, it appears that several law enforcement agencies are unsure of the procedures for destroying seized controlled substances. In 2018, the U.S. Environmental Protection Agency issued a memorandum that provides law enforcement agencies with various options to transport and destroy household pharmaceuticals collected in take-back programs consistent with applicable regulations. However, there does not appear to be similar guidance for seized controlled substances.

Among other organizations and individuals in support of this bill, the California Police Chiefs Association (CPCA) notes that for decades, law enforcement agencies have relied on centralized incineration facilities to safely destroy seized narcotics and other hazardous contraband. CPCA notes, however, that the recent closure of California’s remaining large-scale incineration facilities has created a significant gap in the state’s ability to dispose of these materials and, “as a result, agencies are now left without a reliable in-state option for destruction, forcing departments to identify alternative methods that are often inefficient, costly, and potentially unsafe.”

In the absence of local disposal capacity, CPCA asserts that many agencies are required to transport seized drugs and contraband over long distances, in some cases traveling across the state or even out-of-state to access appropriate facilities. This process requires significant coordination, including the use of sworn personnel, secure transport protocols, and extended time away from core public safety duties. These challenges, especially as the volume of seized narcotics continues to increase, are particularly acute for smaller and mid-sized departments that lack the staffing and resources to absorb these additional responsibilities.

The Turlock Police Department argues this bill offers a “practical approach by creating a more structured process for transferring these materials to [DOJ] for disposal,” and that establishing a statewide pathway provides “clarity for agencies and help[s] reduce the uncertainty that currently exists.”

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Mary Kennedy

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 1612

Author:(Alanis) – As Amended Ver:April 7, 2026

SUMMARY: Authorizes the Department of Justice (DOJ) to contract with a third party to dispose of all controlled substances received from a local police department, sheriff's office, or state law enforcement agency. Specifically, this bill:

1. Authorizes the DOJ to, upon an appropriation by the Legislature, contract with a third party to dispose of all controlled substances received from a local police department, sheriff's office, or state law enforcement agency.
2. Authorizes a local police department, sheriff’s office, or state law enforcement agency in possession of a controlled substance to, if the controlled substance has been held beyond the applicable retention period for an ongoing investigation or related proceedings and they are otherwise authorized by law to destroy the controlled substance, transport the controlled substance to the DOJ for disposal.
3. Requires the DOJ to promulgate regulations necessary to implement the provisions of this bill.

EXISTING LAW:

1. Establishes the federal Resource Conservation and Recovery Act (RCRA) to authorize the United States Environmental Protection Agency (US EPA) to manage hazardous and non-hazardous wastes throughout the wastes' life cycle. (42 U.S.C. § 6901 et seq.)
2. Creates the Hazardous Waste Control Law (HWCL) and provides the Department of Toxic Substances Control (DTSC) with responsibility for overseeing the management of hazardous waste in California. (Health & Saf. Code, § 25100, et seq).
3. Defines hazardous wastes as those identified in regulation by DTSC; wastes categorized as hazardous under RCRA; and, extremely hazardous waste and acutely hazardous waste. (Health & Saf. Code, § 25117)
   
4. Defines a hazardous waste as a federal RCRA hazardous waste if it meets any of the following criteria:
   
   1. It exhibits any of the characteristics of ignitability, corrosivity, reactivity, or toxicity;
      
   2. It is listed as a hazardous waste under federal regulation; and,
      
   3. It is listed as a hazardous waste under state regulation. (Cal. Code Regs., tit. 22, § 66261.100)
      
5. Creates the "California Uniform Controlled Substances Act." (Act) (Health & Saf. Code, § 11000)
6. Defines "controlled substance" as a drug, substance, or immediate precursor which is listed in any schedule listed in law. (Health & Saf. Code, § 11007)
7. Designates controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of the Act as contraband and requires them to be seized and summarily forfeited to the state. (Health & Saf. Code, § 11475)
8. Requires all seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city, county, or state official as found property, or as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction, to be destroyed by order of the court, unless the court finds that the controlled substances, instruments, or paraphernalia were lawfully possessed by the defendant. (Health & Saf. Code, § 11473.5)
9. Authorizes, under a court order for the destruction of controlled substances, instruments, or paraphernalia, the court order to be carried out by a police or sheriff’s department, the Department of Justice, the Department of the California Highway Patrol, the Department of Cannabis Control, or the Department of Alcoholic Beverage Control. Requires the court order to specify the agency responsible for the destruction. (Health & Saf. Code, § 11474)
10. Requires a law enforcement agency responsible for the disposal of any hazardous chemical to comply with the provisions of the HWCL (Chapter 6.5 commencing with Section 25100 of Division 20 of the HSC), as well as all applicable state and federal statutes and regulations. (Health & Saf. Code, § 11479.5)
11. Prescribes the retention and distribution of exhibits in a criminal case. (Pen. Code, § 1417 et seq.)
12. States that if an exhibit by its nature is toxic it shall be introduced in court in the form of photographic record and a written chemical analysis. (Pen. Code, § 1417.3)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s statement: According to the author, "California law enforcement agencies are seizing increasing volumes of dangerous controlled substances like fentanyl, methamphetamine, and heroin, yet there is currently no uniform pathway for their disposal. Following the closure of California’s last in-state incineration facilities, agencies have been forced into a patchwork of inadequate alternatives including prolonged storage that exposes officers to lethal substances, costly and risky out-of-state transport, or disposal methods that are less secure and more harmful to the environment. AB 1612 addresses this gap by establishing a more coordinated, statewide approach to disposal through the Department of Justice, ensuring law enforcement is no longer left without guidance or support in handling these hazardous materials. This bill is about protecting officers, maintaining chain of custody, and providing a practical, responsible solution to a growing public safety challenge."
2. California Hazardous Waste Control Law (HWCL): The HWCL is the state's program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated, to management, transportation, and ultimately disposal into a state or federal authorized facility.
   
3. Household hazardous waste (HHW): HHW is a waste generated by a resident and household. A person generates this waste while performing tasks in and around their home. When a person disposes of these products, they become "household hazardous waste". These wastes may cause harm to human health and the environment if handled or disposed of incorrectly. The safest place for a resident to take their HHW is to a household hazardous waste facility (HHWF). Common HHW includes, but is not limited to, antifreeze, glue and adhesives, pesticides, used oil, batteries, electronic wastes, and household cleaners. In California, HHW is prohibited from being disposed of in the trash, down the drain, or by abandonment, and must be disposed of through a HHW Program. Most HHWFs are run by local government agencies such as cities or counties.
   
4. Managing pharmaceutical waste from take-back events: In 2018, the US EPA issued a memorandum which provides law enforcement agencies with information on how to more cost effectively manage household pharmaceuticals collected in take-back programs. Specifically, the memorandum describes the various options law enforcement agencies can use to transport and destroy household pharmaceuticals collected in take-back programs consistent with the applicable regulations under US EPA, Drug Enforcement Administration (DEA), Department of Transportation (DOT), and U.S. Postal Service (USPS). In the memo, US EPA clarifies that law enforcement agencies should NOT use "burn barrels" or any other uncontrolled open burning method or technology to destroy household pharmaceuticals collected during take-back events or in take-back kiosks.

US EPA also clarifies that law enforcement agencies are not required to drive collected household pharmaceuticals to a combustion facility. The collected pharmaceuticals can be sent for destruction via common carrier (in accordance with DEA and DOT or USPS procedures) for destruction at:

• • 1. Hazardous waste combustors;
       
    2. Large and small municipal waste combustors;
       
    3. Hospital, medical, and infectious waste incinerators;
       
    4. Commercial and industrial solid waste incinerators; or,
       
    5. Very small municipal waste combustors that are regulated as other solid waste incinerators.

In the memorandum US EPA additionally recommends that the collected household pharmaceuticals from take-back events be sent to a permitted hazardous waste combustor as this is the most environmentally protective approach.

DEA regulations require that collected household pharmaceuticals be destroyed in a manner that meets DEA’s non-retrievable standard. DEA has indicated that incineration meets its non-retrievable standard of destruction.

Although law enforcement is not required to meet the DEA regulations that apply to DEA registrants, the DEA regulations state, "Any controlled substances collected by law enforcement through a take-back event, mail-back program, or collection receptacle should be transferred to a destruction location in a manner that prevents the diversion of controlled substances." As a result, US EPA assumes that law enforcement will also choose to meet DEA’s non-retrievable standard of destruction for the household pharmaceuticals it collects to prevent the diversion of the controlled substances.

This US EPA guidance above is for law enforcement when administering a household pharmaceutical take back event. The guidance does not provide information for law enforcement when managing seized controlled substances. Regardless of whether the substance is a pharmaceutical from a take back event, or a seized controlled substance, it must be destroyed in a facility authorized under state and federal law to accept and destroy the substance.

1. Destruction of seized controlled substances. While there is clear processes for destroying controlled substances in a take- back event, it is not clear what the procedures for law enforcement when destroying seized controlled substances. While these controlled substances are similar to pharmaceuticals from a take-back event, they are not the same.

By authorizing the DOJ to contract with a third party to dispose of all controlled substance received from a law enforcement agency, this bill will assist law enforcement agencies with managing and destroying seized controlled substances.

1. Destruction of seized control substances beyond the required retention period. The law governs how long evidence from a criminal case must be retained and when it may be destroyed. This bill specifically provides that a controlled substance in possession of law enforcement may be transported to the DOJ for disposal after the retention period for an ongoing investigation or related proceedings and when they are otherwise authorized by law to destroy the controlled substance.
2. Argument in Support: The California Police Chiefs Association states, “For decades, law enforcement agencies have relied on centralized incineration facilities to safely destroy seized narcotics and other hazardous contraband. However, the recent closure of California’s remaining large-scale incineration facilities has created a significant gap in the state’s ability to dispose of these materials. As a result, agencies are now left without a reliable in-state option for destruction, forcing departments to identify alternative methods that are often inefficient, costly, and potentially unsafe.

“In the absence of local disposal capacity, many agencies are now required to transport seized drugs and contraband over long distances, in some cases traveling across the state or even out of state to access appropriate facilities. This process requires significant coordination, including the use of sworn personnel, secure transport protocols, and extended time away from core public safety duties. These burdens are particularly acute for smaller and mid-sized departments that lack the staffing and resources to absorb these additional responsibilities.

“At the same time, the volume of seized narcotics—particularly fentanyl and other dangerous controlled substances—continues to increase. Without timely disposal options, agencies are experiencing growing backlogs of evidence that must be securely stored for extended periods. This creates additional risks, including potential diversion, contamination concerns, and increased liability associated with maintaining large quantities of hazardous materials in evidence facilities.

“AB 1612 takes a targeted and common-sense approach to addressing this problem. By authorizing law enforcement agencies to purchase and operate incineration equipment, and by streamlining the regulatory pathway for these facilities while maintaining compliance with federal air quality standards, the bill provides a practical framework for restoring local disposal capacity. This will allow agencies to safely and efficiently destroy contraband closer to where it is seized, reducing transportation burdens and improving overall safety.”

1. Related Legislation: None
2. Prior Legislation: None

REGISTERED SUPPORT / OPPOSITION:

Support

California Police Chiefs Association

Opposition

No longer applicable

Analysis Prepared by:

Mary Kennedy / PUB. S. / (916) 319-3744

Date of Hearing: April 14, 2026

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Damon Connolly, Chair

ABPCA Bill Id:AB 1612 (

Author:Alanis) – As Introduced Ver:January 21, 2026

SUBJECT: Incineration of controlled substances: California Environmental Quality Act: law enforcement exemption

SUMMARY: Authorizes the Department of Justice (DOJ) to contract with a third party to dispose of all controlled substances received from a local police department, sheriff's office, or state law enforcement agency. Specifically, this bill:

1) Authorizes the DOJ to, upon an appropriation by the Legislature, contract with a third party to dispose of all controlled substances received from a local police department, sheriff's office, or state law enforcement agency.

2) Authorizes a local police department, sheriff’s office, or state law enforcement agency in possession of a controlled substance to, if the controlled substance has been held beyond the applicable retention period for an ongoing investigation or related proceedings and they are otherwise authorized by law to destroy the controlled substance, transport the controlled substance to the DOJ for disposal.

3) Requires the DOJ to promulgate regulations necessary to implement the provisions of this bill.

EXISTING LAW:

1) Establishes the federal Resource Conservation and Recovery Act (RCRA) to authorize the United States Environmental Protection Agency (US EPA) to manage hazardous and non-hazardous wastes throughout the wastes' life cycle. (42 United States Code (U.S.C.) § 6901 et seq.)

2) Creates the Hazardous Waste Control Law (HWCL) and provides the Department of Toxic Substances Control (DTSC) with responsibility for overseeing the management of hazardous waste in California. (Health and Safety Code (HSC) § 25100, et seq).

3) Defines hazardous wastes as those identified in regulation by DTSC; wastes categorized as hazardous under RCRA; and, extremely hazardous waste and acutely hazardous waste. (HSC § 25117)

4) Defines a hazardous waste as a federal RCRA hazardous waste if it meets any of the following criteria:

a) It exhibits any of the characteristics of ignitability, corrosivity, reactivity, or toxicity;

b) It is listed as a hazardous waste under federal regulation; and,

c) It is listed as a hazardous waste under state regulation. (22 California Code of Regulations § 66261.100)

5) Prohibits the disposal of any hazardous waste when the disposal is at a facility that does not have a permit from DTSC. (HSC § 25189.5)

6) Prohibits the owner or operator of a storage facility, treatment facility, transfer facility, resource recovery facility, or disposal site from accepting, treating, storing, or disposing of hazardous waste at the facility, area, or site, unless the owner or operator holds a hazardous waste facility permit or other grant of authorization from DTSC. (HSC § 25201)

7) Provides that a person who is found to have operated a site for the purpose of manufacturing an illegal controlled substance or a precursor of an illegal controlled substance is the generator of a hazardous substance at, or released from, the site that is subject to removal action. Additionally, provides that during the removal action, DTSC, the county health department, the local environmental health officer, or their designee may sign the hazardous waste manifest as the generator of hazardous waste. (HSC § 79370)

8) Creates the "California Uniform Controlled Substances Act." (Act) (HSC § 11000)

9) Defines "controlled substance" as a drug, substance, or immediate precursor which is listed in any schedule listed in law. (HSC § 11007)

10) Designates controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of the Act as contraband and requires them to be seized and summarily forfeited to the state. (HSC § 11475)

11) Requires all seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city, county, or state official as found property, or as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction, to be destroyed by order of the court, unless the court finds that the controlled substances, instruments, or paraphernalia were lawfully possessed by the defendant. (HSC § 11473.5)

12) Authorizes, under a court order for the destruction of controlled substances, instruments, or paraphernalia, the court order to be carried out by a police or sheriff’s department, the Department of Justice, the Department of the California Highway Patrol, the Department of Cannabis Control, or the Department of Alcoholic Beverage Control. Requires the court order to specify the agency responsible for the destruction. (HSC § 11474)

13) Requires a law enforcement agency responsible for the disposal of any hazardous chemical to comply with the provisions of the HWCL (Chapter 6.5 commencing with Section 25100 of Division 20 of the HSC), as well as all applicable state and federal statutes and regulations. HSC § 11479.5)

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author,

"California law enforcement agencies are seizing increasing volumes of dangerous controlled substances like fentanyl, methamphetamine, and heroin, yet there is currently no uniform pathway for their disposal. Following the closure of California’s last in-state incineration facilities, agencies have been forced into a patchwork of inadequate alternatives including prolonged storage that exposes officers to lethal substances, costly and risky out-of-state transport, or disposal methods that are less secure and more harmful to the environment. AB 1612 addresses this gap by establishing a more coordinated, statewide approach to disposal through the Department of Justice, ensuring law enforcement is no longer left without guidance or support in handling these hazardous materials. This bill is about protecting officers, maintaining chain of custody, and providing a practical, responsible solution to a growing public safety challenge."

California Hazardous Waste Control Law (HWCL): The HWCL is the state's program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated, to management, transportation, and ultimately disposal into a state or federal authorized facility.

Household hazardous waste (HHW): HHW is a waste generated by a resident and household. A person generates this waste while performing tasks in and around their home. When a person disposes of these products, they become "household hazardous waste". These wastes may cause harm to human health and the environment if handled or disposed of incorrectly. The safest place for a resident to take their HHW is to a household hazardous waste facility (HHWF). Common HHW includes, but is not limited to, antifreeze, glue and adhesives, pesticides, used oil, batteries, electronic wastes, and household cleaners. In California, HHW is prohibited from being disposed of in the trash, down the drain, or by abandonment, and must be disposed of through a HHW Program. Most HHWFs are run by local government agencies such as cities or counties.

Managing pharmaceutical waste from take-back events: In 2018, the US EPA issued a memorandum which provides law enforcement agencies with information on how to more cost effectively manage household pharmaceuticals collected in take-back programs. Specifically, the memorandum describes the various options law enforcement agencies can use to transport and destroy household pharmaceuticals collected in take-back programs consistent with the applicable regulations under US EPA, Drug Enforcement Administration (DEA), Department of Transportation (DOT), and U.S. Postal Service (USPS). In the memo, US EPA clarifies that law enforcement agencies should NOT use "burn barrels" or any other uncontrolled open burning method or technology to destroy household pharmaceuticals collected during take-back events or in take-back kiosks.

US EPA also clarifies that law enforcement agencies are not required to drive collected household pharmaceuticals to a combustion facility. The collected pharmaceuticals can be sent for destruction via common carrier (in accordance with DEA and DOT or USPS procedures) for destruction at:

1) Hazardous waste combustors;

2) Large and small municipal waste combustors;

3) Hospital, medical, and infectious waste incinerators;

4) Commercial and industrial solid waste incinerators; or,

5) Very small municipal waste combustors that are regulated as other solid waste incinerators.

In the memorandum US EPA additionally recommends that the collected household pharmaceuticals from take-back events be sent to a permitted hazardous waste combustor as this is the most environmentally protective approach.

DEA regulations require that collected household pharmaceuticals be destroyed in a manner that meets DEA’s non-retrievable standard. DEA has indicated that incineration meets its non-retrievable standard of destruction.

Although law enforcement is not required to meet the DEA regulations that apply to DEA registrants, the DEA regulations state, "Any controlled substances collected by law enforcement through a take-back event, mail-back program, or collection receptacle should be transferred to a destruction location in a manner that prevents the diversion of controlled substances." As a result, US EPA assumes that law enforcement will also choose to meet DEA’s non-retrievable standard of destruction for the household pharmaceuticals it collects to prevent the diversion of the controlled substances.

Important note: The US EPA guidance above is for law enforcement when administering a household pharmaceutical take back event. The guidance does not provide information for law enforcement when managing seized controlled substances. Regardless of whether the substance is a pharmaceutical from a take back event, or a seized controlled substance, it must be destroyed in a facility authorized under state and federal law to accept and destroy the substance.

Confusion with managing seized controlled substances: With the introduction of this bill, it appears that several law enforcement agencies are unsure of the procedures for destroying seized controlled substances. While these controlled substances are similar to pharmaceuticals from a tack back event, they are not the same. There is federal guidance for law enforcement on how to manage and destroy pharmaceuticals from a take back event, however there does not appear to be such guidance for seized controlled substances. It could be helpful for law enforcement if DTSC or another state agency where to post and disseminate guidance on how to properly transport and destroy seized controlled substances.

This bill: AB 1612 aims to assist law enforcement agencies with managing and destroying seized controlled substances. Specifically, the bill authorizes the DOJ to contract with a third party to dispose of [destroy] controlled substances from local law enforcement agencies.

Arguments in support: None on file.

Arguments in opposition: None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965