STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
Prohibits sale of products containing dextromethorphan to minors under 18 years of age.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the sale of dextromethorphan to minors and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person who sells or offers to sell to a person under 18 years of age any product containing dextromethorphan is liable to a civil penalty of $250 for the first violation, $500 for the second violation, and $1,000 for the third and each subsequent violation.
b. The civil penalty imposed under subsection a. of this section shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
2. This act shall take effect immediately.
This bill would prohibit the sale of, or offer to sell, any product containing dextromethorphan to a person under 18 years of age. The purpose of the bill is to address the problem of abuse by teenagers of various over-the-counter cold remedies, which, when taken in sufficient doses, can produce hallucinogenic effects and have been reported to cause permanent brain damage, coma, and in some cases, death.
A person who violates the provisions of this bill would be subject to a civil penalty of $250 for the first violation, $500 for the second violation, and $1,000 for the third and each subsequent violation. The penalties provided in the bill are the same as those provided for the sale of tobacco products to persons under 18 years of age under N.J.S.A.2A:170-51.4. The penalty is to be collected pursuant to the "Penalty Enforcement Law of 1999," N.J.S.A.2A:58-10 et seq., in a summary proceeding before the municipal court having jurisdiction.