senate Bill S696B

Signed By Governor
2013-2014 Legislative Session

Restricts access to dextromethorphan, commonly known as DXM

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.357
Sep 17, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
ordered to third reading rules cal.712
substituted for a933b
Jun 12, 2013 referred to codes
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1217
Jun 06, 2013 print number 696b
amend and recommit to rules
May 29, 2013 committee discharged and committed to rules
May 23, 2013 print number 696a
amend (t) and recommit to higher education
Jan 09, 2013 referred to higher education

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S696 - Bill Details

See Assembly Version of this Bill:
A933B
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6085A, A9601A
2009-2010: A8276A

S696 - Bill Texts

view 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.

view 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.

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                    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

Co-Sponsors

S696A - Bill Details

See Assembly Version of this Bill:
A933B
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6085A, A9601A
2009-2010: A8276A

S696A - Bill Texts

view 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.

view 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 full text
download pdf
                    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

Co-Sponsors

S696B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A933B
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6085A, A9601A
2009-2010: A8276A

S696B (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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