[Adopted 5-15-2007 by L.L. No. 15-2007 (Ch. 261 of the 1985
Code)]
A.
This Legislature finds that recent news accounts indicate that children
and teens across the country are intentionally ingesting large amounts
of nonprescription cough and cold medicines containing Dextromethorphan
(also known as "DXM") as a recreational drug.
B.
This Legislature also finds and determines that this practice has
become more popular among children between the ages of 12 and 15,
a dangerous practice called "robotripping" or "skittling."
C.
This Legislature further finds and determines that cough medicines
or cold pills containing this product, when taken in large doses,
can mimic the effects of alcohol intoxication.
D.
This Legislature also finds that reports have indicated that overdoses
across the nation have led to a number of serious medical injuries
which may include seizures, psychosis, hallucinations, brain damage,
irregular heartbeat, respiratory distress, coma, and even death.
E.
This Legislature further determines that some minors may lack the
judgment necessary to use Dextromethorphan products in an appropriate
manner and that, in recognition of this fact, the industry has adopted
warnings against sales to minors.
F.
Therefore, the purpose of this article is to prohibit sales to minors
within the County of Suffolk of all cold medicine products containing
Dextromethorphan.
As used in this article, the following terms shall have the
meanings indicated:
The dextrorotatory isomer of 3-fluoromethcathinone and its
salts.
Any person under the age of 19 years.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
No person located within the County of Suffolk shall sell or
offer for sale to any minor any cold medicine or cough suppressant
that contains Dextromethorphan, or knowingly sell or offer for sale
to any minor making the purchase from within the County of Suffolk
any cold medicine or cough suppressant that contains Dextromethorphan.
Any person who intentionally violates any provision of this
article shall be guilty of a violation punishable by a fine not to
exceed $250 for the first offense and not to exceed $500 for a second
offense. Any subsequent offenses shall be punishable by a fine not
to exceed $750.
The Suffolk County Department of Health Services shall promulgate
such rules and regulations as it deems necessary and appropriate for
the implementation and enforcement of any provisions of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.
This article shall apply to any sale or any action prohibited
by this article occurring on or after the effective date of this article.
