Ohio § 2925.62

§ 2925.62.

(A) As used in this section: (1) “ Dextromethorphan ” means the dextrorotatory isomer of 3-methoxy-N-methylmorphinan, 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 sections 4507.50 to 4507.52 of the Revised Code , 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

Chapter 4729. of the Revised Code 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, preparation, 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 division (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 division (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 division (B) of this section is guilty of illegally selling dextromethorphan,

a minor misdemeanor.