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HOUSE DOCKET, NO. 892 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 2226
The Commonwealth of Massachusetts
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PRESENTED BY:
David Paul Linsky
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act prohibiting the sale of dextromethorphan to minors.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/17/2023 1 of 3
HOUSE DOCKET, NO. 892 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 2226
By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2226) of David
Paul Linsky relative to prohibiting the sale of dextromethorphan to minors. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2353 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act prohibiting the sale of dextromethorphan to minors.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 94C of the General Laws is hereby amended by inserting after section 27A the
2following section:-
3 Section 27B. (a)(1) It shall be unlawful to sell a nonprescription material, compound,
4mixture or preparation containing any detectable quantity of dextromethorphan, its salts or
5optical isomers, or salts of optical isomers to any person under the age of 18.
6 (2) It shall be unlawful for any person under the age of 18 to purchase or attempt to
7purchase a nonprescription material, compound, mixture or preparation containing any detectable
8quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers.
9 (3) A nonprescription material, compound, mixture or preparation containing any
10detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers 2 of 3
11shall not be sold unless the purchaser presents photo identification that validates the individual’s
12age or from the purchaser’s outward appearance the person making the sale would reasonably
13presume the purchaser to be twenty-seven years of age or older. Valid identification shall include
14a valid, current form of photo identification issued by a federal, state, county or municipal
15government, or subdivision or agency thereof, including but not limited to a motor vehicle
16operator’s license, a Massachusetts state identification card, an identification card issued to a
17member of the Armed Forces or a passport.
18 (4) Nothing in the act shall be construed to impose any compliance requirement on a
19retail entity other than manually obtaining and verifying proof of age as a condition of sale,
20including placement of products in a specific place within a store, other restrictions on
21consumers’ direct access to finished drug products, or the maintenance of transaction records.
22Any manufacturer, distributor, or retailer whose employee or representative, during the course of
23the employee or representative’s employment or association with the manufacturer, distributor,
24or retailer sells or trades dextromethorphan in violation of paragraph (1) shall receive a warning
25letter from the state Bureau of Health Care Safety and Quality for the first such violation. Any
26employee or representative of a manufacturer, distributor, or retailer who, during the course of
27employee or representative’s employment or association with that manufacturer distributor, or
28retailer sells or trades dextromethorphan in violation of paragraph (1) shall be subject to a civil
29penalty in an amount of a) not more than $150 for the second such violation by a person b) not
30more than $250 for the third such violation or subsequent such violation by a person. Any person
31who purchases dextromethorphan in violation of paragraph (2) is subject to a civil fine of $50. 3 of 3
32 (b) This section shall not apply to a compound, mixture or preparation containing any
33detectable quantity of dextromethorphan which is dispensed pursuant to a valid prescription from
34a licensed practitioner with prescriptive authority.
35 This act preempts any ordinance regulating the sale, distribution, receipt, or possession of
36dextromethorphan enacted by a county, city, town, or other political subdivision of this state, and
37dextromethorphan is not subject to further regulation by such subdivisions.