Delaware Code Title 16 Sec. 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.
Terms Used In Delaware Code Title 16 Sec. 4740A
- Distributor: means a person who distributes. See Delaware Code Title 16 Sec. 4701
- Drug: means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (iii) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii) of this paragraph. See Delaware Code Title 16 Sec. 4701
- Finished drug product: means a drug legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U. See Delaware Code Title 16 Sec. 4701
- Knowingly: means a person acts knowingly with respect to any delivery, possession, use or consumption within the meaning of this chapter when the person knows or is aware of such delivery, possession, use or consumption. See Delaware Code Title 16 Sec. 4701
- Person: means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity. See Delaware Code Title 16 Sec. 4701
- Proof of age: means a document issued by a governmental agency that gives the person's date of birth including a passport, military identification card, or driver's license. See Delaware Code Title 16 Sec. 4701
(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.