Bill Text: CA SB514 | 2011-2012 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 514 CHAPTERED
BILL TEXT
CHAPTER 199
FILED WITH SECRETARY OF STATE AUGUST 31, 2011
APPROVED BY GOVERNOR AUGUST 31, 2011
PASSED THE SENATE MAY 31, 2011
PASSED THE ASSEMBLY AUGUST 18, 2011
AMENDED IN SENATE MAY 10, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Simitian
FEBRUARY 17, 2011
An act to add Sections 11110 and 11111 to the Health and Safety
Code, relating to nonprescription drugs.
LEGISLATIVE COUNSEL'S DIGEST
SB 514, 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, punishable by
a fine not exceeding $250, for any person, corporation, or retail
distributer, in an over-the-counter sale to, without a prescription,
to willfully and knowingly supply, deliver, or give possession of a
nonprescription drug containing dextromethorphan to a person under 18
years of age. The bill would provide that proof that bona fide
evidence of majority and identity was demanded and shown shall be a
defense to any criminal prosecution.
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 or subject to any civil penalties, 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 bill would require a person, corporation, or retail
distributor that sells a product containing dextromethorphan to use a
cash register that is equipped with an age-verification feature that
directs the retail clerk to request identification before the
product may be purchased, as provided.
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.
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, punishable by a fine not
exceeding two hundred fifty dollars ($250), for any person,
corporation, or retail distributor to willfully and knowingly supply,
deliver, or give possession of 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) to a
person under 18 years of age in an over-the-counter sale without a
prescription.
(b) It shall be prima facie evidence of a violation of this
section if the person, corporation, or retail distributor making the
sale does not require and obtain bona fide evidence of majority and
identity 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.
(c) Proof that a person, corporation, or retail distributor, or
his or her agent or employee, demanded, was shown, and acted in
reasonable reliance upon, bona fide evidence of majority and identity
shall be a defense to any criminal prosecution under this section.
As used in this section, "bona fide evidence of majority and identity"
means a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, California state
identification card, identification card issued to a member of the
Armed Forces, or other form of identification that bears the name,
date of birth, description, and picture of the person.
(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) or subject to any civil penalties.
(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. Section 11111 is added to the Health and Safety Code, to
read:
11111. A person, corporation, or retail distributor that sells or
makes available products containing dextromethorphan, as defined in
subdivision (a) of Section 11110, in an over-the-counter sale without
a prescription shall, if feasible, use a cash register that is
equipped with an age-verification feature to monitor age-restricted
items. The cash register shall be programmed to direct the retail
clerk making the sale to request bona fide evidence of majority and
identity, as described in subdivision (c) of Section 11110, before a
product containing dextromethorphan may be purchased.
SEC. 3. 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.
