senate Bill S696B

Signed by Governor

Restricts access to dextromethorphan, commonly known as DXM

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Co-Sponsors

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

See Assembly Version of this Bill:
A933B
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, A9601A
2009-2010: A8276A

Sponsor Memo

BILL NUMBER:S696B

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.

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

                                 696--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.

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