Dextromethorphan - The Law

The Law

Dextromethorphan is not a controlled substance. It can be purchased legally in pharmacies, grocery stores, and convenience stores. Some national pharmacy chains have opted to sell cough and cold products only to those over the age of eighteen, or in small quantities. The ability to purchase products containing dextromethorphan varies from store to store. Powdered dextromethorphan is sold on some Internet sites. However, the quality of the product, even its chemical composition, is not regulated. The Internet auction site eBay voluntarily decided not to allow listings of DXM for sale.

Intoxication

Police officers have pulled over drivers under suspicion of drunk driving, only to find that the drivers were under the influence of dextromethorphan. In those cases, the drivers have been prosecuted under the same statutes that apply to drunk driving. "Driving While Intoxicated" and "Driving under the Influence" do not apply strictly to alcohol, but rather include substances such as dextromethorphan.

In a report on the Greater Dallas Council on Alcohol & Drug Abuse Web site, the legal aspects of DXM abuse were discussed. "Even though [DXM] is not regulated as a prescription drug, or as a controlled substance, being intoxicated on ANY drug in a public place can subject a user to prosecution for disorderly conduct, disturbing the peace, and similar violations."

Police stop drivers if they suspect the person is drinking and driving. If the driver is found to be under the influence of dextromethorphan or other drugs instead, he or she faces prosecution under the same statutes that apply to drunk driving
Police stop drivers if they suspect the person is drinking and driving. If the driver is found to be under the influence of dextromethorphan or other drugs instead, he or she faces prosecution under the same statutes that apply to drunk driving. © Kim Kulish/Corbis.

Furthermore, anyone who distributes nonprescription doses of an over-the-counter drug to a minor can face prosecution under laws that protect children.

Some pharmacies have reported thefts of cold and cough products. Anyone caught trying to steal dextromethorphan products from a store can be prosecuted for shoplifting.

In 2003, the states of Texas and North Dakota refused to pass legislation that would make the purchase of certain cold products illegal for persons under the age of eighteen. A similar measure was struck down in California in 2004. As of 2005, legislation was pending in New Jersey. The state of New York passed a bill creating misdemeanor charges for anyone who gives a minor two or more products containing dextromethorphan. The mindset of most state legislators seems to be that the benefits of proper use of over-the-counter cold and cough remedies outweigh the dangers of dextromethorphan abuse.

The tide of opinion could change, however. In a worst case scenario, a widespread epidemic of dextromethorphan abuse may lead the Drug Enforcement Administration (DEA) to add the drug to its list of controlled substances. Then the products containing dextromethorphan would require a prescription from a licensed doctor. In the meantime, the burden for preventing dextromethorphan abuse falls on parents and concerned friends who detect changes in behavior, motivation, and overall health in their loved ones.