senate Bill S696A

Signed by Governor Amended

Restricts access to dextromethorphan, commonly known as DXM

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Bill Status


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

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Bill Details

Versions:
S696
S696A
S696B
Legislative Cycle:
2013-2014
Law Section:
General Business 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:S696A

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
dextramethorohan to persons under the age of eighteen. 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. Section 2 states that
this act would take effect on the ninetieth day after it becomes a
law.

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 OXM 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 seduce 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 ninetieth day after
it becomes a law.

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

                                 696--A

                       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  --
  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. RETAIL ESTABLISHMENTS SHALL REQUIRE PROOF  OF  LEGAL  AGE  FOR
PURCHASE  OF SUCH PRODUCTS.  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.  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 ninetieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02648-13-3

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