HB4309 H DA AM #1

Roskovensky 3338

 

The Committee on the Prevention and Treatment of Substance Abuse moved to amend the bill on page 2, by striking everything after the enacting clause and inserting the following

§60A-4-417. Sale of dextromethorphan.

(a) As used in the section the following terms are defined:

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 less than 18 years of age.

(c) A person who is less than 18 years of age may not purchase a finished drug product containing any quantity of dextromethorphan.

(d) A person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall require and obtain proof of age from the purchaser before completing the sale, unless from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be at least 25 years of age.

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

(f) A person that violates the provisions of this section is guilty of a misdemeanor is shall be fined $100.

 

Adopted

Rejected