Controlled substances - unlawful distribution or purchase of dextromethorphan. The act states that it is unlawful for a seller, retailer, or vendor to knowingly or willfully dispense, sell, or distribute a finished drug product containing any quantity of dextromethorphan to a person less than 18 years of age. A seller, retailer, or vendor making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale unless the seller, retailer, or vendor reasonably presumes from the purchaser's outward appearance that the purchaser is at least 25 years of age.
A seller, retailer, or vendor who violates the prohibition or who fails to obtain proof of age when required to do so commits an unclassified petty offense and, upon conviction thereof, shall be punished as follows:
- For a first offense, the court shall warn the seller, retailer, or vendor in writing; and
- For a second or subsequent offense, the seller, retailer, or vendor shall pay a fine of not more than $200.
The prohibition does not apply to a medication containing dextromethorphan, which medication is sold pursuant to a valid prescription. It is an affirmative defense if the seller, retailer, or vendor is an employer and trains its employees concerning the act's restrictions on the distribution of medications containing dextromethorphan.
(Note: This summary applies to this bill as enacted.)