Delaware Code Title 16. Health and Safety § 4740A. Sale of dextromethorphan

(a) Age limit on sale of dextromethorphan.--

(1) No commercial entity shall knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person less than 18 years of age.

(2) No person who is less than 18 years of age shall purchase a finished drug product containing any quantity of dextromethorphan.

(3) Any person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall 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.

(b) Limitations.--

(1) Nothing in this section shall be construed to impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, restrictions on a consumer's direct access to finished drug products, and maintenance of transaction records.

(2) This section shall not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.

(c) Penalties.--Any manufacturer, distributor, retailer, or wholesaler that sells or trades dextromethorphan in violation of this section shall receive a warning letter from the Office of Controlled Substances for the first violation and thereafter be subject to a civil penalty issued by the Office of Controlled Substances in the amount of:

(1) Not more than $150 for a second violation;  or

(2) Not more than $250 for a third or any subsequent violations.


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