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.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Perkins, Ranzenhofer
TITLE OF BILL: An act to amend the general business law, in relation to restricting access to dextromethorphan, commonly known as "dxm"
PURPOSE OR GENERAL IDEA OF BILL: To prohibit the sale of any product or products containing the active ingredient dextromethorphan to persons under the age of eighteen.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the General Business Law by adding a new section 391-s to prohibit any retail establishment from selling any product or products containing the active ingredient dextromethorphan to persons under the age of eighteen without a valid prescription. The bill also requires proof of legal age to purchase such products and subjects any retail establishment that violates the provisions of this section of law to a fine of two hundred and fifty dollars. In addition, the bill defines the term retail establishment to mean every vendor that in the regular course of business sells products containing dextromethorphan at retail directly to the public including, but not limited to, pharmacies, grocery stores, and other retail stores.
Section 2 states that this act would take effect on the one hundred eightieth day following enactment.
JUSTIFICATION: The abuse of dextromethorphan (DXM), now being called the next crystal meth, is increasing among teens. Since the 1950s, DXM has been used primarily as a safe over-the-counter (OTC) medicine. However, in recent years, 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 age restriction this bill imposes will help to reduce the potential dangers of DXM to our teen population.
PRIOR LEGISLATIVE HISTORY: S.6085 of 2011-2012; Referred to Higher Education.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act would take effect on the one hundred eightieth day after it becomes a law.
STATE OF NEW YORK ________________________________________________________________________ 696--B 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. GRISANTI, BRESLIN, ESPAILLAT, MAZIARZ, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged and said bill committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business 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 general business law is amended by adding a new section 391-s to read as follows: S 391-S. RESTRICTED ACCESS TO RETAIL SALE OF DEXTROMETHORPHAN, COMMONLY KNOWN AS "DXM". 1. NO RETAIL ESTABLISHMENT OFFERING FOR SALE ANY PRODUCT OR PRODUCTS CONTAINING AS AN ACTIVE INGREDIENT DEXTROMETHOR- PHAN, SHALL PERMIT THE SALE OF SUCH PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN WITHOUT A VALID PRESCRIPTION. RETAIL ESTABLISHMENTS SHALL REQUIRE PROOF OF LEGAL AGE FOR PURCHASE OF SUCH PRODUCTS. SUCH IDEN- TIFICATION NEED NOT BE REQUIRED OF ANY INDIVIDUAL WHO REASONABLY APPEARS TO BE AT LEAST TWENTY-FIVE YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN ANY PROCEEDING ALLEGING THE SALE OF ANY PRODUCT OR PRODUCTS CONTAINING AS AN ACTIVE INGREDIENT DEXTROMETHORPHAN TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE. ANY RETAIL ESTABLISHMENT WHICH VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A FINE OF TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH VIOLATION. 2. AS USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS EVERY VENDOR THAT IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING DEXTRO-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02648-17-3 S. 696--B 2
METHORPHAN AT RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO, PHARMACIES, GROCERY STORES, AND OTHER RETAIL STORES. 3. THIS SECTION SHALL SUPERSEDE ANY LOCAL LAWS OR ORDINANCES REGULAT- ING THE SALES OF PRODUCTS CONTAINING DEXTROMETHORPHAN. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.