# 18 Pa.C.S. § 6322: Access of minors to dextromethorphan

> Pennsylvania · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6322

## Section

- **Citation:** 18 Pa.C.S. § 6322
- **Heading:** Access of minors to dextromethorphan
- **Jurisdiction:** Pennsylvania
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** PA Code / Title 18 / Chapter 63 / Section 6322

## Text

(a) Offenses defined.--

(1) A person commits a summary offense if he knowingly sells or purchases with the intent to sell a finished drug product containing any quantity of dextromethorphan to a person who is less than 18 years of age.

(2) A person commits a summary offense if he falsely represents himself to be 18 years of age or older to another for the purpose of procuring a finished drug product containing any quantity of dextromethorphan.

(b) Proof of age requirements.--A person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall obtain proof of age from the purchaser before completing the sale unless the purchaser's outward appearance is such that a person would reasonably presume the purchaser to be at least 25 years of age.

(c) Penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $250 nor more than $500 for the first violation and a fine of $500 for each subsequent violation.

(d) Exception.--This section does not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.

(e) Preemption.--This section shall be construed to preempt any ordinance regulating the sale, distribution, receipt or possession of dextromethorphan enacted by any political subdivision, and dextromethorphan is not subject to further regulation by political subdivisions.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Finished drug product." A drug legally marketed under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) that is in finished dosage form.

"Proof of age." A document issued by a governmental agency that contains a description or photograph of a person and gives the person's date of birth, including a passport, military identification card or driver's license. (Oct. 24, 2018, P.L.727, No.116, eff. 60 days) 2018 Amendment. Act 116 added section 6322.

## Nearby sections

- [18 Pa.C.S. § 6301 Corruption of minors.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6301.md)
- [18 Pa.C.S. § 6302 Sale or lease of weapons and explosives.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6302.md)
- [18 Pa.C.S. § 6303 Sale of starter pistols.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6303.md)
- [18 Pa.C.S. § 6304 Sale and use of air rifles.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6304.md)
- [18 Pa.C.S. § 6305 Sale of tobacco products.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6305.md)
- [18 Pa.C.S. § 6306 Furnishing cigarettes or cigarette papers (Repealed).](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6306.md)
- [18 Pa.C.S. § 6306.1 Use of tobacco products in schools prohibited.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6306.1.md)
- [18 Pa.C.S. § 6307 Misrepresentation of age to secure liquor or malt or brewed beverages.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6307.md)
- [18 Pa.C.S. § 6308 Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6308.md)
- [18 Pa.C.S. § 6308.1 Safe harbor for violation of section 6308(a).](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6308.1.md)
- [18 Pa.C.S. § 6309 Representing that minor is of age.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6309.md)
- [18 Pa.C.S. § 6310 Inducement of minors to buy liquor or malt or brewed beverages.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6310.md)
- [18 Pa.C.S. § 6310.1 Selling or furnishing liquor or malt or brewed beverages to minors.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6310.1.md)
- [18 Pa.C.S. § 6310.2 Manufacture or sale of false identification card.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6310.2.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T18_C63_S6322. Check the current official text before relying on it. Not legal advice.
