Enrolled HB 125: Relating to the sale of products containing dextromethorphan; relating to the regulation of dextromethorphan by municipalities; and providing for an effective date.
00Enrolled HB 125 01 Relating to the sale of products containing dextromethorphan; relating to the regulation of 02 dextromethorphan by municipalities; and providing for an effective date. 03 _______________ 04 * Section 1. AS 11.76 is amended by adding a new section to read: 05 Sec. 11.76.150. Sale of products containing dextromethorphan. (a) A seller, 06 retailer, or vendor may not sell a product containing dextromethorphan to another 07 person unless 08 (1) the seller, retailer, or vendor checks a government-issued photo 09 identification and determines the person is 18 years of age or older; 10 (2) from the person's outward appearance, the seller, retailer, or vendor 11 would reasonably presume the person to be 25 years of age or older; or 12 (3) the person is under 18 years of age and has a prescription for the 13 product issued by a licensed practitioner. 14 (b) A seller, retailer, or vendor or an employee of a seller, retailer, or vendor
01 who knowingly or wilfully violates this section is guilty of a violation and is 02 punishable by a fine of 03 (1) $150 for the first violation; and 04 (2) $250 for the second and each subsequent violation. 05 * Sec. 2. AS 29.10.200 is amended by adding a new paragraph to read: 06 (65) AS 29.35.149 (regulation of dextromethorphan). 07 * Sec. 3. AS 29.35 is amended by adding a new section to article 1 to read: 08 Sec. 29.35.149. Regulation of dextromethorphan. (a) The authority to 09 regulate dextromethorphan is reserved to the state, and, except as specifically provided 10 by statute, a municipality may not enact or enforce an ordinance regulating the 11 possession or sale of dextromethorphan. 12 (b) This section applies to home rule and general law municipalities. 13 * Sec. 4. This Act takes effect May 1, 2016.