Sale of dextromethorphan to a minor without prescription prohibited.

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134.91 Sale of dextromethorphan to a minor without prescription prohibited.

(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).

(2) Prohibitions.

(a) No person may sell at retail a drug containing dextromethorphan to a person who is under 18 years of age, unless the sale is pursuant to a prescription order.

(b) No person may sell at retail a drug containing dextromethorphan unless the person making the sale receives from the purchaser, at the time of purchase, a form of identification from which the age of the purchaser can be determined, or unless based upon the outward appearance of the purchaser the person making the sale 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 dextromethorphan unless pursuant to a prescription order.

(3) Penalties.

(a) A person who violates sub. (2) (a) or (b) is subject to a civil 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 violation.

History: 2017 a. 160; s. 35.17 correction in (2) (b).


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