This bill has been amended

Bill S696-2013

Restricts retail sale of dextromethorphan, commonly known as DXM, to behind the pharmacy counter or under retail establishment control

Directs any retail establishment that sells any product or products containing as an active ingredient dextromethorphan, to prohibit the sale of such products to persons under the age of eighteen without a valid prescription; requires establishments to require proof of legal age for purchase of such products.

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  • Jan 9, 2013: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S696

TITLE OF BILL: An act to amend the education law, in relation to restricting access to dextromethorphan, commonly known as "dxm"

PURPOSE: To require that any retail establishment that sells any product or products containing as the only active ingredient dextromethorphan to limit access to such products.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 Amends the education law by adding a new section 6811-c to restrict access to retail sale of dexotromethorphan, commonly known as "DXM". Any person eighteen years of age or younger shall be prohibited from purchasing products containing dextromethorphan where it is an active ingredient in the product.

JUSTIFICATION: The abuse of DXM--now being called the next crystalmeth is increasing among teens. Since the 1950s DXM has been used primarily as a safe over-the-counter medicine. However in recent year's an increasing number of teens have been abusing the substance because of its easy accessibility. As an OTC drug there are no restrictions as to who can purchase medicine containing DXM or how much can be purchased. A significant number of teens are under the misconception that since it is an OTC medicine, it is therefore harmless. The reverse is true. Abuse of DXM has been found to cause serious side-effects and even death. The effects vary with the amount taken and include confusion, dizziness, double or blurred vision, slurred speech, vomiting, rapid heartbeat, numbness of fingers and toes, and disorientation. Extremely high doses of DXM can induce a hallucinatory state that can lead to accidental deaths. Teens abuse DXM to experience the visual hallucinations and sensations similar to other dissociative anesthetics like PCP and Ketamine. The limitations this bill imposes will greatly reduce its potential dangers to our teen population.

PRIOR LEGISLATIVE HISTORY: S.6085 of 2011-2012; Referred to Higher Education.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately; provided: however, that the rules and regulations necessary to implement section one of this act shall be promulgated and take effect on or before the one hundred eightieth day after this act shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 696 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to restricting access to dextromethorphan, commonly known as "dxm" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 6811-c to read as follows: S 6811-C. RESTRICTED ACCESS TO RETAIL SALE OF DEXTROMETHORPHAN, COMMONLY KNOWN AS "DXM". 1. ANY RETAIL ESTABLISHMENT OFFERING FOR SALE ANY PRODUCT OR PRODUCTS CONTAINING AS AN ACTIVE INGREDIENT DEXTROMETHOR- PHAN, SHALL PLACE SUCH PRODUCT IN A LOCATION SUCH THAT CUSTOMERS DO NOT HAVE DIRECT ACCESS TO THE PRODUCT BEFORE THE SALE IS MADE, INCLUDING BUT NOT LIMITED TO BEHIND-THE-COUNTER PLACEMENT. 2. ANY PERSON EIGHTEEN YEARS OF AGE OR YOUNGER SHALL BE PROHIBITED FROM PURCHASING PRODUCTS CONTAINING DEXTROMETHORPHAN, WHERE IT IS AN ACTIVE INGREDIENT IN THE PRODUCT. 3. THE SELLER SHALL DELIVER THE PRODUCT DIRECTLY INTO THE CUSTODY OF THE PURCHASER UPON SHOWING STATE OR FEDERAL IDENTIFICATION. 4. THE SELLER SHALL MAINTAIN, IN ACCORDANCE WITH CRITERIA ISSUED BY THE COMMISSIONER, A WRITTEN OR ELECTRONIC LIST OF SUCH SALES THAT IDEN- TIFIES THE PRODUCT PURCHASED, THE QUANTITY SOLD, THE NAMES AND ADDRESSES OF PURCHASERS, AND THE DATES AND TIMES OF THE SALE. S 2. This act shall take effect immediately; provided, however, that the rules and regulations necessary to implement the provisions of this act shall be promulgated and take effect on or before the one hundred eightieth day after this act shall have become a law.

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