(1) for purposes of this statute 'finished drug product' means a drug marketed in accordance with federal Food and Drug Administration requirements that is in a finished dosage form

(2)(a) a business making retail sales of a finished drug product containing dextromethorphan, or an employee of the business, may not sell or deliver such a product to anyone 17 or younger

(b) anyone 17 or younger may not purchase or receive a finished drug product containing dextromethorphan from a business making retail sales of the finished drug product

(3)(a) violation of subsection (2)(a):

(A) is punishable by a warning from a law enforcement agency for the first violation

(B) is punishable by a specific fine violation in an amount not to exceed:

(i) $150 for the second violation AND

(ii) $250 for the third or subsequent violation

(b) violation of subsection (2)(b)

(A) is punishable by a warning from a law enforcement agency for the first violation

(B) is punishable by a specific fine violation in an amount not to exceed $50 for the second or subsequent violation

(4) subsection (2)(a) doesn't apply to a business or an employee who sells or delivers a finished drug product containing dextromethorphan if:

(a) based on the outward appearance of the individual to whom the product is sold or delivered, a person would reasonably presume that the individual is 25 years of age or older OR

(b) before selling or delivering the finished drug product to an individual:

(A) the business or employee requires the individual to present one of the following pieces of identification:

(i) a passport;

(ii) a driver license, whether issued by this state or another state;

(iii) an identification card issued under 807.400 (Issuance)

(iv) an identification card issued by the United States military OR

(v) any other identification card issued by a state that bears a picture, the name, the date of birth and a physical description of the individual

(B) the presented identification establishes that the individual is 18 or older;

(C) the presented identification accurately describes the individual; and

(D) if the presented identification was falsified, that a reasonable person would determine, on inspecting it under the same or similar circumstances, that it wasn't altered & accurately describes the individual

(5) this statute doesn't apply to the sale, delivery, purchase or receipt of a finished drug product containing dextromethorphan if the finished drug product is sold or delivered pursuant to a valid prescription

dextromethorphan is a medication most often used as a cough suppressant in over-the-counter cold and cough medicines. It is sold in syrup, tablet, spray, and lozenge forms. It is in the morphinan class of medications with sedative, dissociative, and stimulant properties (at lower doses). Dextromethorphan possess only a minimal degree of the mu-opioid activity typical of morphinan compounds and exerts its therapeutic effects through several other receptors. In its pure form, dextromethorphan occurs as a white powder. It is also used recreationally. When exceeding approved dosages, dextromethorphan acts as a dissociative hallucinogen. It has multiple mechanisms of action, including actions as a nonselective serotonin reuptake inhibitor[4] and a sigma-1 receptor agonist.[5][6] DXM and its major metabolite, dextrorphan, also block the NMDA glutamate receptor at high doses, which produces effects similar to other dissociative anesthetics such as ketamine, nitrous oxide, and phencyclidine