S696-2013 Actions

• Jan 9, 2013: REFERRED TO HIGHER EDUCATION

S696-2013 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.

S696-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          696
 2013-2014 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02648-01-3

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!