2007 -- S 0635

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LC00594

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2007

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A N A C T

RELATING TO FOOD AND DRUGS -- TRAFFICKING IN DEXTROMETHORPHAN

     

     

     Introduced By: Senator Leo R. Blais

     Date Introduced: February 15, 2007

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 28.7

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TRAFFICKING IN DEXTROMETHORPHAN

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     21-28.7-1. Transfer of dextromethorphan to minor. -- (a) No person may knowingly

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or willfully transfer, without a prescription, a drug, material, compound, mixture, preparation or

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substance containing any quantity of dextromethorphan to a person under the age of eighteen

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(18).

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     (b) Proof of age requirements.

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     (1) The person making the sale must require and obtain proof of age from the purchaser,

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unless from the purchaser's outward appearance the person making the sale would reasonably

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presume the purchaser to be twenty-five (25) years of age or older.

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     (2) For the purposes of this section, "proof of age" means any document issued by a

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governmental agency that contains a description or photograph of the person and gives the

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person's date of birth, including a passport, military identification card, or driver's license.

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     (c) Retail Immunity.

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     (1) The retail entity selling dextromethorphan shall not be subject to a penalty under

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subsection (a) or (b) if that entity proves that it trained its retail clerks on the requirements of this

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section.

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     (d) Penalties.

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     (1) A violation of subsection (a) shall carry a civil penalty of one thousand dollars

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($1,000).

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     (2) A violation of subsection (b) shall carry a civil penalty of one thousand dollars

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($1,000).

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     SECTION 2. This act shall take effect upon passage.

     

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LC00594

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS -- TRAFFICKING IN DEXTROMETHORPHAN

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     This act would define prohibited acts, and penalties for trafficking in dextromethorphan.

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     This act would take effect upon passage.

     

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LC00594

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S0635