Joseph Simitian
- Democratic
Author
Existing law prohibits a manufacturer, wholesaler, retailer, or other person from selling, transferring, or otherwise furnishing a specified substance, including ephedrine and pseudoephedrine, to a person under 18 years of age, except as specified. A first violation of this provision is a misdemeanor. Existing law further regulates the sale of nonprescription drugs, as specified. This bill would, in addition, make it an infraction, punishable by a fine not exceeding $250, for any person, corporation, or retail distributer, in an over-the-counter sale to, without a prescription, to willfully and knowingly supply, deliver, or give possession of a nonprescription drug containing dextromethorphan to a person under 18 years of age. The bill would provide that proof that bona fide evidence of majority and identity was demanded and shown shall be a defense to any criminal prosecution. The bill would further provide that a retail clerk who fails to require and obtain proof of age from the purchaser shall not be guilty of an infraction or subject to any civil penalties, unless the retail clerk is a willful participant in an ongoing criminal conspiracy to violate the provisions prohibiting the sale of dextromethorphan to minors. By creating new crimes, this bill would impose a state-mandated local program. The bill would require a person, corporation, or retail distributor that sells a product containing dextromethorphan to use a cash register that is equipped with an age-verification feature that directs the retail clerk to request identification before the product may be purchased, as provided. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 199, Statutes of 2011.
Enrolled and presented to the Governor at 3 p.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 49. Noes 23. Page 2449.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 5.) (July 13).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 5). Re-referred to Com. on APPR.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1182.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 0. Page 1086.) (May 23).
Set for hearing May 23.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 862.) (May 3).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing May 3.
Hearing postponed by committee.
Set for hearing March 22.
From printer. May be acted upon on or after March 20.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB514 | HTML |
| 02/17/11 - Introduced | |
| 04/25/11 - Amended Senate | |
| 05/10/11 - Amended Senate | |
| 08/19/11 - Enrolled | |
| 08/31/11 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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