513.16 SALE OF DEXTROMETHORPHAN.

   (a)    As used in this section:

      (1)    “Dextromethorphan” means the dextrorotatory isomer of 3-methoxy-nmethylmorphinan, including its salts, but not including its racemic or levorotatory forms.

      (2)    “Evidence of majority and identity” means a document issued by the federal government or a state, county, or municipal government, or a subdivision or agency of any of the foregoing, including a driver’s or commercial driver’s license, an identification card issued under Ohio R.C. 4507.50 to 4507.52, a military identification card, or any other form of identification that bears the name, date of birth, description and picture of the person identified.

      (3)    “Retailer” means a place of business that offers consumer products for sale to the general public, including a terminal distributor of dangerous drugs that is licensed under Ohio R.C. Chapter 4729 and operated as a pharmacy.

   (b)    No retailer or employee of a retailer shall knowingly supply, deliver, give or otherwise provide a drug, material, compound, mixture, peparation or substance containing any quantity of dextromethorphan through the sale of any product to a person under eighteen years of age, unless the person has been issued a prescription for the product being purchased.

   (c)    For purposes of subsection (b) of this section, the person making the sale of a product containing dextromethorphan shall require and obtain evidence of majority and identity from the purchaser, unless from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be twenty-five years of age or older. Proof that the person making the sale demanded, was shown, and acted in reasonable reliance on the purchaser’s evidence of majority and identity is a defense to any charge of a violation of subsection (b) of this section.

   (d)    A retailer or employee of a retailer is not liable for damages in a civil action for injury, death or loss to person or property that allegedly arises from an act or omission associated with a failure to prevent the sale of a product containing dextromethorphan to a person under eighteen years of age, unless the act or omission constitutes willful or wanton misconduct.

   (e)    Whoever violates subsection (b) of this section is guilty of illegally selling dextromethorphan, a minor misdemeanor.

(ORC 2925.62; Ord. 102-23. Passed 6-29-23.)