2017 - 2018 LEGISLATURE
November 29, 2017 - Introduced by Representatives Kremer, Nygren,
Skowronski, Berceau, Subeck, Kuglitsch, Genrich, Spiros, Kolste,
Mursau, Fields, Tusler, Ballweg, Novak, Bernier, Ripp and Crowley,
cosponsored by Senators Stroebel, Cowles, Olsen, Johnson, Bewley and
Petrowski. Referred to Committee on Health.
1An Act to create
100.70 of the statutes; relating to: prohibiting the sale of
2dextromethorphan without a prescription to persons under 18 and providing a
Analysis by the Legislative Reference Bureau
This bill provides that a drug containing dextromethorphan, which is a common
ingredient in over-the-counter cough medicine, may not be sold at retail to a person
who is under the age of 18 if that person does not have a prescription order for the
drug. The bill also requires a seller to check a form of identification that establishes
the age of a person purchasing a drug containing dextromethorphan, unless the
seller reasonably believes that the purchaser is at least 25 years old based on the
purchaser's outward appearance. A seller who violates these prohibitions is subject
to a civil forfeiture of up to $250 for each violation, and a person under the age of 18
who purchases a drug containing dextromethorphan without a prescription order is
subject to a civil forfeiture of $50 for each violation.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
100.70 of the statutes is created to read:
1100.70 Sale of dextromethorphan to a minor without prescription
2prohibited. (1) Definitions.
In this section:
(a) “Drug” has the meaning given in s. 450.01 (10).
(b) “Prescription order” has the meaning given in s. 450.01 (21).
(a) No person may sell at retail a drug containing 6
dextromethorphan to a person who is under 18 years of age, unless the sale is 7
pursuant to a prescription order.
(b) No person may sell at retail a drug containing dextromethorphan unless the 9
person making the sale receives from the purchaser, at the time of purchase, a form 10
of identification from which the age of the purchaser can be determined, or unless 11
based upon the outward appearance of the purchaser, the person making the sale 12
reasonably presumes that the purchaser is 25 years of age or older.
(c) A person who is under 18 years of age may not purchase a drug containing 14
dextromethorphan unless pursuant to a prescription order.
(a) A person who violates sub. (2) (a) or (b) is subject to a civil 16
forfeiture of not more than $250 for each violation.
(b) A person who violates sub. (2) (c) is subject to a civil forfeiture of $50 for each 18
This act takes effect on the first day of the 13th month beginning after 21