Bill Text: CA SB514 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Dextromethorphan: sale to minors prohibited.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-08-31 - Chaptered by Secretary of State. Chapter 199, Statutes of 2011. [SB514 Detail]

Download: California-2011-SB514-Introduced.html

---

BILL NUMBER: SB 514	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        FEBRUARY 17, 2011

   An act to add Section 11110 to the Health and Safety Code,
relating to nonprescription drugs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 514, as introduced, Simitian. Dextromethorphan: sale to minors
prohibited.
   Existing law prohibits a manufacturer, wholesaler, retailer, or
other person from selling, transferring, or otherwise furnishing a
specified substance, including ephedrine and pseudoephedrine, to a
person under 18 years of age, except as specified. A first violation
of this provision is a misdemeanor. Existing law further regulates
the sale of nonprescription drugs, as specified.
   This bill would, in addition, make it an infraction for any person
in an over-the-counter sale to, without a prescription, willfully
and knowingly deliver to a person under 18 years of age a
nonprescription drug containing dextromethorphan. The bill would
further provide that a retail clerk who fails to require and obtain
proof of age from the purchaser shall not be guilty of an infraction,
subject to any civil penalties, or subject to any disciplinary
action or discharge by his or her employer, unless the retail clerk
is a willful participant in an ongoing criminal conspiracy to violate
the provisions prohibiting the sale of dextromethorphan to minors.
By creating new crimes, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11110 is added to the Health and Safety Code,
to read:
   11110.  (a) It shall be an infraction for any person in an
over-the-counter sale to, without a prescription, willfully and
knowingly deliver to a person under 18 years of age a drug, material,
compound, mixture, preparation, or substance containing any quantity
of dextromethorphan (the dextrorotatory isomer of
3-methoxy-N-methylmorphinan, including its salts, but not including
its racemic or levorotatory forms).
   (b) (1) It shall be prima facie evidence of a violation of this
section if the person making the sale does not require and obtain
proof of age from the purchaser, unless from the purchaser's outward
appearance the person making the sale would reasonably presume the
purchaser to be 25 years of age or older.
   (2) For the purposes of this section, "proof of age" means any
document issued by a governmental agency that contains a description
or photograph of the person and gives the person's date of birth,
including a passport, military identification card, or driver's
license.
   (c) It shall be an affirmative defense to a violation of this
section if the defendant proves, by a preponderance of the evidence,
all of the following:
   (1) The person making the sale required and obtained proof of age
from the purchaser.
   (2) The purchaser falsely represented his or her age by the use of
a false, forged, or altered document.
   (3) The appearance of the purchaser would lead an ordinary and
prudent person to believe that the purchaser was at least 18 years of
age.
   (4) The sale was made in good faith and in reliance upon the
appearance and representation of proof of age of the purchaser.
   (d) (1) Notwithstanding any other provision of this section, a
retail clerk who fails to require and obtain proof of age from the
purchaser shall not be guilty of an infraction pursuant to
subdivision (a), subject to any civil penalties, or subject to any
disciplinary action or discharge by his or her employer.
   (2) This subdivision shall not apply to a retail clerk who is a
willful participant in an ongoing criminal conspiracy to violate this
section.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.