218A.1447 Restrictions on possession of dextromethorphan and sale of products containing dextromethorphan

218A.1447 Restrictions on possession of dextromethorphan and sale of products

containing dextromethorphan.

(1) A person, other than a medical facility, medical practitioner, pharmacist, pharmacy

intern, pharmacy technician, pharmacy licensed or registered under KRS Chapter

315, or registrant under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. secs.

301 et seq., shall not possess one (1) gram or more of:

(a) Pure dextromethorphan; or

(b) Dextromethorphan extracted from solid or liquid dose forms, as defined by

United States Pharmacopeia reference standards.

(2) A person shall not sell any products containing dextromethorphan to individuals

under eighteen (18) years of age, except that in any prosecution for selling a product

containing dextromethorphan to an individual under eighteen (18) years of age it

shall be an affirmative defense that the sale was induced by the use of false,

fraudulent, or altered identification papers or other documents and that the

appearance and character of the purchaser were such that his or her age could not

have been ascertained by any other means and that the purchaser's appearance and

character indicated strongly that he or she was of legal age to purchase products

containing dextromethorphan. This evidence may be introduced either in mitigation

of the charge or as a defense to the charge itself.

(3) Any person who sells any product containing dextromethorphan shall limit access to

these products by requiring proof of age from a prospective buyer by showing a

government-issued photo identification card that displays his or her date of birth if

the person has reason to believe that the prospective buyer is under the age of

eighteen (18) years.