senate Bill S696

Signed by Governor Amended

Restricts access to dextromethorphan, commonly known as DXM

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 23 / May / 2013
    • AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
  • 23 / May / 2013
    • PRINT NUMBER 696A
  • 29 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 06 / Jun / 2013
    • AMEND AND RECOMMIT TO RULES
  • 06 / Jun / 2013
    • PRINT NUMBER 696B
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1217
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO CODES
  • 21 / Jun / 2013
    • SUBSTITUTED FOR A933B
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.712
  • 21 / Jun / 2013
    • PASSED ASSEMBLY
  • 21 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 27 / Sep / 2013
    • SIGNED CHAP.357

Summary

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.

do you support this bill?

Bill Details

Versions:
S696
S696A
S696B
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Add ยง391-s, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6085A
2009-2010: A8276A

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   696

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

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