HB322 Alabama 2020 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2020

Title

Dextromethorphan, sale to person under 18, prohibited by a business establishment, identification required, political subdivision prohibited from having a separate law

Summary

HB322 would ban selling dextromethorphan to anyone under 18, require age verification at purchase, impose fines for violations, and bar local governments from regulating dextromethorphan sales.

What This Bill Does

The bill prohibits business establishments from dispensing or selling dextromethorphan to anyone under 18 and requires the buyer to show photo ID proving they are at least 18 (unless the seller reasonably believes the buyer is 27 or older). It sets a tiered criminal penalty schedule (warning on first violation, then $100, $200, and $300 for subsequent violations within two years) and allows enforcement by a police citation. It provides defenses for valid ID and good faith compliance, and it exempts licensed pharmacists dispensing with a valid medical prescription; it also prohibits records-keeping or location storage requirements. Additionally, it prevents political subdivisions from enacting or enforcing laws about dextromethorphan, and the bill interacts with constitutional provisions about local expenditures.

Who It Affects

• Business establishments that sell dextromethorphan — must verify age with photo ID and could face monetary penalties for violations.
• Persons under 18 (and their guardians) — prohibited from purchasing dextromethorphan without proper identification; may face penalties if a sale to a minor occurs.

Key Provisions

• Prohibits dispensing, distributing, or selling dextromethorphan to a person under 18.
• Requires a photo ID showing the purchaser is 18 or older before sale, unless the seller reasonably concludes the purchaser is 27 or older.
• Establishes criminal penalties: warning for first conviction, $100 fine for second within two years, $200 for third within two years, and $300 for fourth or later within two years; prosecutions by citation.
• Defines exemptions: sale by a licensed pharmacist with a valid medical prescription; no required record-keeping or specific storage location for dextromethorphan.
• Prohibits political subdivisions from enacting or enforcing laws about the sale, distribution, or possession of dextromethorphan (void if attempted).
• Effective date: January 1, 2021.
• Bill notes: Amends constitutional provisions related to local expenditures, but the bill includes exceptions that keep it from requiring local approvals or 2/3 votes; it is classified as creating a new crime.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Dextromethorphan