Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1456

Introduced
2/16/23  
Refer
2/16/23  

Caption

Prohibiting the sale of dextromethorphan to minors

Impact

S1456 would amend Chapter 94C of the General Laws of Massachusetts, introducing new penalties for both retailers and minors found in violation of the law. Retailers who fail to comply with the age restriction could face warnings for initial violations and civil penalties for repeated offenses. Additionally, minors attempting to purchase these products in violation of the law would incur fines, thereby reinforcing the bill's objective of curbing access to substances that may be misused by younger populations. By establishing a strict age verification process, the legislation aims to mitigate potential misuse of dextromethorphan, which has been associated with risks of abuse and health complications among minors.

Summary

Bill S1456, titled 'An Act prohibiting the sale of dextromethorphan to minors,' aims to regulate the sale of products containing dextromethorphan, an over-the-counter cough suppressant, by prohibiting its sale to individuals under the age of 18. Proposed by Senate members Rebecca L. Rausch and Jason M. Lewis, the legislation targets nonprescription products that contain any detectable quantity of dextromethorphan or its derivatives. The bill emphasizes the importance of age verification, requiring retailers to obtain photo identification to ensure compliance with the age restriction when selling these products.

Contention

While the overarching goal of S1456 is to protect youth from potential substance abuse, the bill may encounter opposition from groups advocating for parental rights and those who believe such regulations infringe on personal freedoms. There may also be concerns regarding the efficacy of enforcing age restrictions and potential challenges retailers might face in compliance. Furthermore, the preemption clause included in the bill suggests that state law would supersede any local ordinances related to the sale and distribution of dextromethorphan, which could spark debates on local governance and public health strategies tailored to specific community needs.

Companion Bills

MA H2226

Similar To Prohibiting the sale of dextromethorphan to minors

Previously Filed As

MA S1109

Repealing the criminalization of blasphemy

MA S1251

Repealing the criminalization of blasphemy

MA S706

Relative to pediatric care appointments

MA S345

To update accuracy of membership to the state advisory council on early education and care

MA S171

To support maternal health

MA S1246

To add sex and gender as protected classes for crime prosecutions

MA S1459

Modernizing birth certificates

MA S569

Relative to establishing an office of partnership coordination within the department of conservation and recreation

Similar Bills

LA HB82

Limits the sale and purchase of products containing dextromethorphan (OR INCREASE GF EX See Note)

LA HSR6

Requests a study of the feasibility and practicality of limiting the sale of products containing dextromethorphan

LA HB514

Restricts the sale of dextromethorphan (EN SEE FISC NOTE LF RV See Note)

MA S1617

Prohibiting the sale of dextromethorphan to minors

MA H2481

Prohibiting the sale of dextromethorphan to minors

TX HB1518

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

TX SB916

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

TX HB1939

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