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PRINTER'S NO. 204
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
221
Session of
2017
INTRODUCED BY GREENLEAF, VULAKOVICH, COSTA, YUDICHAK, HAYWOOD
AND RAFFERTY, JANUARY 26, 2017
REFERRED TO JUDICIARY, JANUARY 26, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, providing for the offense
of selling or furnishing dextromethorphan to minors and
imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6322. Selling or furnishing dextromethorphan to minors.
(a) Offenses defined.--
(1) A person commits a summary offense if he knowingly
sells or purchases with the intent to sell a finished drug
product containing any quantity of dextromethorphan to a
person who is less than 18 years of age.
(2) A person commits a summary offense if he falsely
represents himself to be 18 years of age or older to another
for the purpose of procuring a finished drug product
containing any quantity of dextromethorphan.
(b) Proof of age requirements.--A person making a retail
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sale of a finished drug product containing any quantity of
dextromethorphan shall obtain proof of age from the purchaser
before completing the sale, unless the purchaser's outward
appearance is such that a person would reasonably presume the
purchaser to be at least 25 years of age.
(c) Penalty.--A person who is convicted of violating
subsection (a) shall be sentenced to pay a fine of not less than
$250 nor more than $500 for the first violation and a fine of
$500 for each subsequent violation.
(d) Exception.--This section does not apply to a medication
containing dextromethorphan that is sold pursuant to a valid
prescription.
(e) Preemption.--This section shall be construed to preempt
any ordinance regulating the sale, distribution, receipt or
possession of dextromethorphan enacted by any political
subdivision, and dextromethorphan is not subject to further
regulation by political subdivisions.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Finished drug product." A drug legally marketed under the
Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. §
321 et seq.) that is in finished dosage form.
"Proof of age." A document issued by a governmental agency
that contains a description or photograph of a person and gives
the person's date of birth, including a passport, military
identification card or driver's license.
Section 2. This act shall take effect in 60 days.
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