Form DEA-41 at a glance
What it is: Form DEA-41 is the U.S. Department of Justice, Drug Enforcement Administration record of controlled substances destroyed by a registrant.
Where and when to file: You are not required to submit this form to DEA, unless requested to do so. This form must be kept as a record of destruction and be available by the registrant for at least two years in accordance with 21 U.S.C. 827.
What to bring and attach to Form DEA-41
If additional space is needed for items destroyed in Section B, attach to this form additional page(s) containing the requested information for each controlled substance destroyed.
A filled-in Form DEA-41 example: a registrant destroys one drug in tablets
How to fill out Form DEA-41, box by box
Section A. Registrant Information: the registrant
The registrant destroying the controlled substance(s) shall provide their DEA registration number and the name and address indicated on their valid DEA registration, in addition to a current telephone number and a contact name, if different from the name on the valid DEA registration.
Section B, 1. Inventory: registrants destroying lawfully possessed controlled substances
Section B, Item Destroyed, 1. Inventory: This part shall be used by registrants destroying lawfully possessed controlled substances, other than those described in Section B(2).
In each row, enter the National Drug Code (NDC) for the controlled substance destroyed, or if the substance has no NDC, enter the DEA Controlled Substances Code Number for the substance; if the substance destroyed is in bulk form, enter the batch number, if available.
In each row, enter the name, strength, and form of the controlled substance destroyed, and the number of capsules, tablets, etc., that are in a full package (pkg. qty.).
If destroying the full quantity of the controlled substance, enter the number of packages destroyed (number of full pkgs.).
If destroying a partial package, enter the partial count of the capsules, tablets, etc. destroyed (partial pkg. count).
If destroying a controlled substance in bulk form, enter that the substance is in bulk form (form) and the weight of the substance destroyed (pkg. qty.).
In each row, enter the total number of each controlled substance destroyed (total destroyed).
Section B, 2. Collected Substances: mail-back packages and inner liners
Section B, 2. Collected Substances: This part shall be used by registrants destroying controlled substances obtained through an authorized collection activity in accordance with 21 U.S.C. 822(g).
In each row, mark whether the registrant is destroying a mail-back package or an inner liner.
If destroying a mail-back package, enter each unique identification number separated by a comma and/or as a list in a sequential range and total quantity of packages being destroyed.
If destroying an inner liner, enter each unique identification number separated by a comma and/or as a list in a sequential range based on the size of the liners destroyed and the total quantity of inner liners being destroyed.
In the case of mail-back packages or inner liners received from a law enforcement agency which do not have a unique identification number or clearly marked size, enter the name of the law enforcement agency and, if known, the size of the inner liner or package.
Common mistake: Do not open any mail-back package or inner liner; an inventory of the contents of the packages or liners is prohibited by law and is not required by this form.
Section C. Method of Destruction
Provide the date, location, and method of destruction.
The method of destruction must render the controlled substance to a state of non-retrievable and meet all applicable destruction requirements.
Witnesses and the record kept
Section D. Witnesses
Two authorized employees must declare by signature, under penalty of perjury, that such employees personally witnessed the destruction of the controlled substances listed in Section B in the manner described in Section C.
Each witness declares under penalty of perjury, pursuant to 18 U.S.C. 1001, that the witness personally witnessed the destruction of the controlled substances to a non-retrievable state and that all of this is true and correct.
The form has lines for the Printed name of first authorized employee witness, the Signature of first witness and the Date, and the same three lines for the second authorized employee witness.
Records kept for at least two years
The records that DEA registrants maintain in accordance with the CSA must be kept and be available, for at least two years, for inspection and copying by officers or employees of the United States authorized by the Attorney General (21 U.S.C. 827).
Common questions about Form DEA-41
What is the DEA 41 form used for?
The information collected on this form is necessary for DEA registrants to record controlled substances destroyed in accordance with the Controlled Substances Act (CSA). The completion of this form by DEA registrants that destroy controlled substances is mandatory in accordance with 21 U.S.C. 827.
Is the DEA number the same as the controlled substance number?
In Section A, Registrant Information, enter the DEA Registration Number. In Section B, 1. Inventory, enter the National Drug Code or the DEA Controlled Substances Code Number.
Sources
[1] Form DEA-41, Registrant Record of Controlled Substances Destroyed, U.S. Department of Justice, Drug Enforcement Administration (OMB No. 1117-0007) (the Official source link on this page).