HOUSE BILL No. 4412

 

 

March 21, 2019, Introduced by Rep. Kahle and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 17766g.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17766g. (1) Except as otherwise provided in subsection

 

(4), a person shall not knowingly or willfully sell or trade a

 

finished drug product containing any quantity of dextromethorphan

 

to a minor.

 

     (2) A person making a retail sale of a finished drug product

 

containing any quantity of dextromethorphan must require and obtain

 

proof of age from the purchaser before completing the sale, unless

 

from the purchaser's outward appearance the person making the sale

 

would reasonably presume the purchaser to be at least 25 years of

 

age.

 

     (3) Except as otherwise provided in subsection (4), a minor

shall not purchase a finished drug product containing any quantity

 

of dextromethorphan.

 

     (4) This section does not apply to a medication containing

 

dextromethorphan that is sold pursuant to a valid prescription.

 

     (5) This section preempts any county, city, village, or

 

township ordinance or resolution regulating the sale, distribution,

 

receipt, or possession of dextromethorphan. A county, city,

 

village, or township shall not enact, adopt, maintain, or enforce

 

an ordinance or resolution that imposes conflicting, different, or

 

additional standards or requirements than those provided in this

 

section on the sale, distribution, receipt, or possession of

 

dextromethorphan.

 

     (6) Any individual may report a violation of this section to

 

the department.

 

     (7) A person that violates subsection (1) is subject to the

 

following:

 

     (a) For a first violation, a warning letter from the director

 

of the department.

 

     (b) For a second violation, a civil fine of not more than

 

$50.00.

 

     (c) For a third or subsequent violation, a civil fine of not

 

more than $100.00.

 

     (8) An individual who violates subsection (3) is subject to a

 

civil fine of $50.00.

 

     (9) As used in this section:

 

     (a) "Dextromethorphan" means the dextrorotatory isomer of 3-

 

methoxy-N-methyl-morphinan and its salts.

     (b) "Finished drug product" means that term as defined in 21

 

CFR 207.1.

 

     (c) "Proof of age" means a valid government-issued photo

 

identification that includes the purchaser's name and date of

 

birth, including, but not limited to, a military identification

 

card, passport, or driver license.