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.