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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A933B
SPONSOR: Jaffee (MS) 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 abus-
ing 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 hallucina-
tory state that can lead to accidental deaths. Teens abuse DMA to expe-
rience the visual hallucinations and sensations similar to other disso-
ciative 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: 2012: A.9601-A referred to the Higher
Education Committee.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act would take effect on the one hundred eight-
ieth day after it becomes a law.
