BILL ANALYSIS �
SB 514
Page 1
SENATE THIRD READING
SB 514 (Simitian)
As Amended May 10, 2011
Majority vote
SENATE VOTE :38-0
PUBLIC SAFETY 6-0 APPROPRIATIONS 11-5
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|Ayes:|Ammiano, Cedillo, Hagman, |Ayes:|Fuentes, Blumenfield, |
| |Hill, Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Dickinson, Hall, Hill, |
| | | |Lara, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
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SUMMARY : Prohibits any person, corporation, or retail
distributor from knowingly supplying, delivering, or giving
possession of a drug, material, compound, mixture, preparation
or substance containing any quantity of dextromethorphan to a
person under the age of 18 without a prescription.
Specifically, this bill :
1)States that unauthorized sales shall be an infraction,
punishable by a fine not to exceed $250.
2)States that it shall be prima facie evidence of a violation of
this section if the person, corporation, or retail distributor
making the sale does not require and obtain bona fide evidence
of majority and identity from the purchases, unless from the
purchaser's outward appearance the person making the sale
would reasonably presume the purchaser to be 25 years of age
or older.
3)States that proof that a person, corporation, or retail
distributor, or his or her agent or employee, demanded, was
shown, and acted in reasonable reliance upon, bona fide
evidence of majority and identity, shall be a defense to any
criminal prosecution under this section.
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4)States that "bona fide evidence of majority and identity" is
defined as a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a driver's license, California
state identification card, identification card issued to a
member of the Armed Forces, or other form of identification
that bears the name, date of birth, description, and picture
of the person.
5)States that notwithstanding any other provision of this
section, a retail clerk who fails to require and obtain proof
of age from the purchaser is not guilty of an infraction, as
specified or subject to any civil penalties, unless he or she
is a willful participant in an ongoing criminal conspiracy to
violate this section.
6)Requires, if feasible, any person, corporation, or retail
distributor that sells or makes available product containing
dextromethorphan, as specified, without a prescription, to use
a cash register that is equipped with an age-verification
feature to monitor age-restricted items. The cash register
shall be programmed to direct the retail clerk making the ale
to request bona fide evidence of majority and identity before
a product containing dextromethorphan may be purchased.
EXISTING LAW :
1)States that any person who sells, dispenses, distributes,
furnishes, administers, gives, or offers to sell, dispense,
distribute, furnish, administer, or give Salvia divinorum or
Salvinorin A, or any substance or material containing Salvia
divinorum or Salvinorin A, to any person who is less than 18
years of age, is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, or by
a fine not exceeding $1,000, or by both that fine and
imprisonment.
2)States that any person who sells, furnishes, administers,
distributes, gives away, or offers to sell, furnish,
administer, distribute, or give away a device, canister, tank,
or receptacle either exclusively containing nitrous oxide or
exclusively containing a chemical compound mixed with nitrous
oxide, to a person under 18 years of age is guilty of a
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misdemeanor.
3)States that any person who sells, dispenses or distributes
toluene, or any substance or material containing toluene, to
any person who is less than 18 years of age shall be guilty of
a misdemeanor, and upon conviction shall be fined in a sum of
not less than $1,000, nor more than $2,500, or by imprisonment
for not less than six months nor more than one year.
4)States that it shall be unlawful for any person, firm, or
corporation, except a parent or legal guardian, to sell or
give or in any way furnish to another person, who is in fact
under the age of 18 years, any etching cream or aerosol
container of paint that is capable of defacing property
without first obtaining bona fide evidence of majority and
identity.
5)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
controlled substances have the greatest restrictions and
penalties, including prohibiting the prescribing of a Schedule
I controlled substance.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Unknown minor non-reimbursable local law enforcement costs,
offset by minor fine revenue.
2)Unknown sales tax revenue loss, likely offset in whole or part
by reduced health care costs paid for by publicly-funded
health care programs. There is no data on the prevalence of
individuals under age 18 purchasing over-the-counter products
containing dextromethorphan (DXM) or the publicly funded
health care costs related to treating such individuals.
COMMENTS : According to the author, "Ingesting too much cold
medicine can be just as hazardous as drinking too much alcohol.
And it is cheap , easy and legal for children to obtain. The
California Poison Control System reports that dextromethorphan
abuse calls have increased more than 850 percent in the last ten
years.
"This problem is serious and widespread. One in ten teenagers
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say they've used DXM to get high-making it more popular than
LSD, cocaine, ecstasy or meth.
"The fact that DXM is legal and readily available
over-the-counter suggests to most young people that these
products are entirely safe. Indeed, that false sense of
security has been identified as a contributing factor in abuse.
Age specific limitations will help communicate to teens and
their parents that there are serious consequences associated
with inappropriate use."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0001685