BILL ANALYSIS �
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
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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.
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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
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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)
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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)
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