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This entry was published on 2014-09-22
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SECTION 391-S
Restricted access to retail sale of dextromethorphan, commonly known as "dxm"
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 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
dextromethorphan, 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 identification 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
dextromethorphan 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
regulating the sales of products containing dextromethorphan.

* NB There are 2 § 391-s's