Texas Senate Bill SB916

Texas 2017 - 85th Regular

Caption

Relating to the regulation of the sale of dextromethorphan to minors; providing civil penalties.

Impact

The bill delineates clear requirements for business establishments, mandating them to verify the ages of customers before completing a sale. Establishments are required to demand valid ID, such as a driver's license or passport, indicating that the customer is at least 18 years old, or reasonably presuming the customer is 27 years or older based on their appearance. Failure to adhere to these regulations invites civil penalties—starting with a warning for first offenses, escalating to fines of $150 for second violations and $250 for subsequent violations. This framework establishes a structured approach to compliance, ensuring businesses take the necessary steps to restrict sales to youth.

Summary

Senate Bill 916 aims to regulate the sale of dextromethorphan, a common active ingredient in many over-the-counter cough suppressants, specifically to minors. Under the provisions of the bill, businesses are prohibited from selling or distributing dextromethorphan to anyone under the age of 18. This legislation is designed to curb access to this substance, which when misused can have serious health implications, particularly for younger populations. By implementing such restrictions, the bill reflects an effort to address public health concerns regarding substance abuse among minors.

Contention

While the bill’s intent is largely viewed as a protective measure, it may raise questions among business owners about the feasibility of enforcement and compliance costs. Some opponents might argue the bill places undue burdens on retailers, particularly smaller operations that may struggle with the logistical demands of enforcing age restrictions effectively. Additionally, the possibility of civil penalties could incite concerns regarding the legal ramifications for businesses, especially in scenarios of mistaken identity or improper verification. Hence, the bill strikes a balance between safeguarding youth from potential drug misuse while considering the operational realities faced by businesses.