By Mr. Timilty of Milton, petition (accompanied by report, House, No. 3742) of Walter F. Timilty relative to the penalties for selling a certain controlled substance to persons under the age of eighteen.  The Judiciary

The Commonwealth of Massachusetts

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PETITION OF:

Walter F. Timilty

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In the Year Two Thousand and Seven.

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An Act regulating certain over the counter substances.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

For the purposes of this statute, any drug, material, compound, mixture, preparation or substance containing any quantity of dextromethorphan, shall be deemed a substance within the meaning of this clause which may cause a potential for abuse leading to permanent brain damage, coma and possibly death, Chapter 94 C section 3 of the General Laws are hereby amended by inserting the following text:

(7)           Any person who sells or offers to sell to a person under the age of eighteen years any product containing dextromethorphan shall be liable to a penalty of $250 for the first violation, $500 for the second violation and $1,000 for the third and each subsequent violation and may be subject to further actions pursuant to the provisions of this chapter.  Any pharmacy or retail provider which sells products containing dextromethorphan shall keep an inventory of such products and may limit consumers to certain quantities.