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This entry was published on 2024-02-09
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SECTION 833
Restricted access to retail sale of dextromethorphan, commonly known as "dxm"
General Business (GBS) CHAPTER 20, ARTICLE 38-B
§ 833. 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