WEST virginia legislature

2019 regular session

Committee Substitute

for

Senate Bill 518

Senators Maroney, Plymale, Stollings, Tarr, Woelfel, Takubo, and Swope, original sponsors

[Originating in the Committee on the Judiciary; Reported on February 12, 2019]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-417, relating to restricting the sale and trade of dextromethorphan; defining terms; setting age limits; and providing for a misdemeanor penalty.

Be it enacted by the Legislature of West Virginia:

ARTICLE 4. offenses and penalties.

§60A-4-417. Sale of dextromethorphan.

(a) As used in this section, “finished drug product” means a drug legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.) that is in finished dosage form.

(b) A person may not knowingly or willfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person under 18 years of age.

(c) A person under 18 years of age, unless an emancipated minor, may not purchase a finished drug product containing any quantity of dextromethorphan.

 (d) This section does not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.

(e) Any person violating the provisions of this section is guilty of a misdemeanor and shall be fined not less than $100 nor more than $250.