The Akron Legal News

Minimum age of 18 to buy cough medicine proposed

TIFFANY L. PARKS
Special to the Legal News
Published: June 29, 2015

A new measure in a series of government moves designed to combat the state’s drug epidemic has been introduced into the Ohio General Assembly.

House Bill 197, sponsored by Rep. Jeffrey Rezabek, R-Dayton, would require the purchaser of any product containing dextromethorphan to be age 18 or older.

Dextromethorphan is a drug that is used to temporarily relieve coughs caused by the common cold, flu and other conditions.

The drug, also known as dex, does not treat the cause of the cough or speed recovery; instead, it decreases activity in the part of the brain that causes coughing.

Dextromethorphan is available without a prescription and can be obtained alone or in combination with antihistamines, cough suppressants and decongestants.

“This initiative serves as the next step in a long line of efforts this General Assembly and previous ones have undertaken to battle the drug epidemic that is crippling our state,” Rezabek said in recent sponsor testimony before the House Health and Aging Committee.

In the 129th General Assembly, legislation that restricts the purchase of pseudoephedrine, the main ingredient in meth, was signed into law.

HB 197 would prohibit a retailer or terminal distributor of dangerous drugs, or an employee of a retailer or terminal distributor, from knowingly supplying, delivering, giving or otherwise providing a drug, material, compound, mixture, preparation or substance containing any quantity of dextromethorphan to an individual under age 18 in an over-the-counter sale without a prescription.

A violation of the bill would be a minor misdemeanor.

When he was approached about sponsoring this proposed legislation, Rezabek, a juvenile defense attorney, says he immediately thought of one of his clients.

“I often serve as the legal adviser for those who do not understand the process or truly need guidance. This client, whom I represent in drug court in Montgomery County, served as the first example of how something so simple as Robitussin, when put into the wrong hands, can be abused,” he said.

“My client would mix Robitussin with beer and it would create some sort of hallucinogenic response. She is just one of many of our youths statewide who engage in a sort of ‘robo-trip.’ When consuming 25 to 50 times the recommended dosage, these types of medicines can cause the type of feeling that our youths are seeking.”

Rezabek said media reports have indicated that one in 10 teenagers have abused products containing dex.

“This makes it more popular than cocaine, LSD and meth amongst teenagers,” he said.

According to a bill summary, HB 197 would not specifically require the person selling dextromethorphan to request proof of the purchaser’s age.

The measure does provide that unless the purchaser’s outward appearance is such that the person making the sale can “reasonably presume” the purchaser is age 25 or older, it is prima facie evidence of a violation of the bill’s prohibition if the person making the sale does not require and obtain bona fide evidence of majority and identity.

The summary states that proof that a person demanded, was shown and reasonably relied on bona fide evidence of majority and identity is a defense to criminal prosecution for violation of the bill’s prohibition.

“Bona fide evidence of majority and identity” is defined to mean a government document, including a driver’s license, commercial driver’s license, Ohio identification card, military identification card or another form of identification that bears the name, birth date, description and picture of the person identified.

“As a legislative body, we have made many efforts to battle back against the drug epidemic. When we shut down pill mills and make pseudoephedrine more difficult to obtain, individuals who are dependent on substances will find the next alternative that attains the hallucinogenic feeling that they seek,” Rezabek said.

“Again, this is where something as simple as cough syrup comes into play because it is easily attainable.”

Rezabek said enacting HB 197 would make good sense.

“Right now, if you were to go to any of the major retailers and attempted to purchase any product containing dex, you would be required to show your ID to the clerk. Unfortunately, if you were to purchase this same type of medicine in a local convenience store or gas station, you would not be required to prove you are of age to purchase this product,” he said.

“This bill would attempt to close that loop hole and serve as the next step in our ongoing battle against drug abuse in our state. The intent of this bill is to make it as difficult as possible for medicines from making their way into the wrong hands and ultimately being abused.”

HB 197 is co-sponsored by Reps. Terry Johnson, Robert Sprague, Michael O’Brien, Nathan Manning, Terry Boose, Kyle Koehler, Sarah LaTourette and Ryan Smith.

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