Sale of dextromethorphan to minor or purchase of dextromethorphan by minor without prescription prohibited; person deemed to be in compliance under certain circumstances; civil penalty; preemption of local law or regulation

1. Except as otherwise provided in this section: (a) A person shall not knowingly sell or offer to sell any material, compound, mixture or preparation containing dextromethorphan to a minor. (b) A minor shall not knowingly purchase any material, compound, mixture or preparation containing dextromethorphan. 2. If a minor has a valid prescription for a material, compound, mixture or preparation containing dextromethorphan: (a) A person may sell or offer to sell the material, compound, mixture or preparation containing dextromethorphan for which the minor has a valid prescription; and (b) The minor may purchase, receive or otherwise acquire the material, compound, mixture or preparation containing dextromethorphan for which he or she has a valid prescription. 3. A person shall be deemed to be in compliance with the provisions of subsection 1 if before the person sells or offers to sell any material, compound, mixture or preparation containing dextromethorphan to another person, he or she: (a) Reasonably assumes, based on the appearance of the person to whom a material, compound, mixture or preparation containing dextromethorphan is sold or offered for sale, that the person is 25 years of age or older. (b) Does the following: (1) Demands that the other person present a valid driver’s license or other identification which shows that the other person is 18 years of age or older; (2) Is presented a valid driver’s license or other identification which shows that the other person is 18 years of age or older; and (3) Reasonably relies upon the driver’s license or other identification presented by the other person. 4. With respect to any sale made by an employee of a retail establishment, the owner of the retail establishment shall be deemed to be in compliance with the provisions of paragraph (a) of subsection 1 if the owner: (a) Had no actual knowledge of the sale; and (b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of paragraph (a) of subsection 1. 5. A person who violates paragraph (a) of subsection 1: (a) For a first offense, shall be issued a warning. (b) For a second or subsequent offense, is liable for a civil penalty of $50, unless the person provides sufficient documentation that a continuing program of training for employees is in place. 6. This section preempts any local charter, code, ordinance or regulation that is in conflict with the purposes and objectives of this section or seeks to further regulate the sale, receipt or possession of dextromethorphan. 7. As used in this section: (a) “Identification” means any document issued by a governmental entity that contains a physical description or photograph of the person seeking to purchase the material, compound, mixture or preparation containing dextromethorphan and which provides the person’s date of birth, including, without limitation, a passport, military identification card or identification card. (b) “Minor” means a person under the age of 18 years.