BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 514 (Simitian) Hearing Date: 05/23/2011 Amended: 05/10/2011 Consultant: Jolie Onodera Policy Vote: Public Safety 6-0 _________________________________________________________________ ____ BILL SUMMARY: SB 514 would make it an infraction, punishable by a fine up to $250, for any person, corporation, or retail distributor in an over-the-counter sale to knowingly supply, deliver, or give possession of a non-prescription drug containing any amount of dextromethorphan (DXM) to a person under 18 years of age. This bill provides that a seller of DXM shall use, if feasible, a cash register with a feature directing the person selling the product to obtain proof that the purchaser is at least 18 years of age. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Reduced health care Unknown; potentially significantFed/General/Local costs cost savings Sales tax loss Unknown; sales tax revenue loss ofGeneral $50 per $1,000 in retail sales to minors New infraction Unknown; non-reimbursable local Local enforcement costs offset to a minor degree by fine revenue _________________________________________________________________ ____ STAFF COMMENTS: This bill may meet the criteria for referral to the Suspense File. Dextromethorphan (DXM) is the active ingredient found in many over-the-counter cough and cold medications. DXM is found in more than 140 brand-name products such as Coricidin, Robitussin, and NyQuil, and are sold over-the-counter in grocery stores, pharmacies, and other retail outlets. Individuals who abuse DXM in excessive amounts refer to DXM as robo-tripping, skittling, dex, or candy. While safe when taken at the recommended dosage, products containing DXM can produce "hallucinations and dissociative, outofbody experiences when taken in larger amounts. The California Poison Control System (CPCS) reports that DXM has been the most commonly abused substance reported in abuse calls received over the past decade from patients aged 6-17 years. SB 514 (Simitian) Page 3 This bill prohibits the sale of a non-prescription drug containing DXM to a minor. Any person, corporation, or retail distributor that knowingly supplies, delivers, or gives possession of any product containing DXM to a minor is guilty of an infraction punishable by a fine of up to $250. The creation of a new crime will result in non-reimbursable local enforcement costs offset to a minor degree by fine revenue. Statistics from the CPCS indicate that of the 228 cases of DXM abuse reported by minors in 2010: 71 percent were treated in an emergency room; 4 percent were admitted to the hospital intensive care unit; 4 percent were admitted to the hospital in a non-critical care unit; 6 percent refused referral to a hospital; 2 percent were treated at home; 13 percent were lost to follow up. It should be noted that calls to the CPCS do not constitute the universe of DXM abuse cases. There are likely a number of minors who abuse DXM but do not come to the attention of the CPCS. Based on this information, to the extent the prohibition of sales of DXM to minors results in fewer cases of abuse and subsequent medical care, there would be potentially significant future health care cost savings. The amount of publicly-funded health care costs incurred for treating minors specific to DXM abuse is unknown, but could be significant. Prohibiting the sale of over-the-counter products containing DXM to minors would also reduce the level of retail sales of these products, resulting in lost sales tax revenue to the State. For every $1 million in retail sales of DXM to minors, there would be a sales tax revenue loss of $50,000. However, data for sales to minors of products containing DXM are not tracked separately by the Board of Equalization, so the estimated loss of sales tax revenue from reduced sales of DXM to minors is unknown. Prior Legislation. AB 1853 (Simitian) 2004 and SB 307 (Simitian) 2006 were substantially similar to this measure. AB 1853 died on the Assembly inactive file. SB 307 was introduced but not heard in committee. SB 514 (Simitian) Page 4