Restricts retail sale of dextromethorphan, commonly known as DXM, to behind the pharmacy counter or under manager control

3 Co-sponsors

• Ruth Hassell-Thompson
• Craig M. Johnson
• Thomas P. Morahan

Title of bill

An act to amend the education law, in relation to restricting access to dextromethorphan, commonly known as "dxm"

Purpose

To require that any retail establishment that sells any product or products containing as the only active ingredient dextromethorphan to limit access to such products to those over 18 years of age in order to prevent misuse or abuse. Limitations shall include removal of such products from shelves and other locations that are directly accessible by customers. The product shall be placed behind a pharmacy counter so that a customer must request it from an employee working in the pharmacy. If a retail establishment wishes to sell such products but does not have a pharmacy, the product must be made secure so that only manager, assistant manager, acting manager or other supervisory person can access the product at such location.

Summary of provisions

Section 1 Amends the education law by adding a new section 6811-c to restrict access to retail sale of dexotromethorphan, commonly known as "DXM"

Justification

The abuse of DXM-now being called the next crystal meth-is increasing among teens. Since the 1950s DXM has been used primarily as a safe over-the-counter medicine. However in recent years an increasing number of teens have been abusing the substance because of its easy accessibility. As an OTC drug there are no restrictions as to who can purchase medicine containing DXM or how much can be purchased. significant number of teens are under the misconception that since it an OTC medicine, it is therefore harmless. The reverse is true. Abuse DXM has been found to cause serious side-effects and even death. The effects vary with the amount taken and include confusion, dizziness, double or blurred vision, slurred speech, vomiting, rapid heart beat, numbness of fingers and toes, and disorientation. Extremely high doses of DXM can induce a hallucinatory state that can lead to accidental deaths. Teens abuse DXM to experience the visual hallucinations and sensations similar to other dissociative anesthetics like PCP and Keta mine. The limitations this bill imposes will greatly reduce its potential dangers to our teen population.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided: however, that the rules and regulations necessary to implement section one of this act shall be promulgated and take effect on or before the one hundred eightieth day after this act shall have become a law.