WASHINTON – Sens. Chuck Grassley of Iowa and Joe Biden of Delaware today introduced the Dextromethorphan Abuse Reduction Act of 2007 as part of an ongoing effort to prevent abuse of this active ingredient in cough medicine, along with other non-prescription and prescription drugs. Biden and Grassley are the Chairman and Co-Chairman of the Senate Caucus on International Narcotics Control.
“The abuse of prescription drugs and over the counter cough and cold medicines could grow exponentially if we don’t’ take aggressive steps to stop it,” Grassley said. “We’re doing our part here in Washington to stop new forms of drug abuse before they have a chance to harm our kids. This is just one battle in the war on drugs. It takes an effort from everyone, community members, teachers and parents all need to do there part to keep our kids drug free.”
This legislation will regulate the sales of DXM, penalize retailers who knowingly or intentionally sell DXM in finished dosage form to an individual under the age of 18, and provide funding for federal programs that help prevent drug abuse. The legislation is supported by a number of national organizations including those who represent retailers and pharmacies where DXM is available.
Here is a copy of Grassley’s statement on introduction of the Dextromethorphan Abuse Reduction Act of 2007:
Dextromethorphan Abuse Reduction Act of 2007
Statement of Senator Chuck Grassley on Introduction
Mr. President, I am pleased to join my colleague, Senator Biden, in introducing the Dextromethorphan Abuse Reduction Act of 2007. As senior members of the United States Senate, and as Chairman and Co-Chairman of the Senate Caucus on International Narcotics Control, we have seen first hand how trends in drug abuse have changed over the years and we have worked to provide effective solutions to the drug problem whether the matter is foreign or domestic.
Together, we have been monitoring the recent reports in the media and in the health community detailing new and emerging trends in drug abuse among teens. The reports have established that the fastest rising area of drug abuse among teens is the abuse of prescription drugs that are available in the drug cabinets of parents, family and friends. These reports indicate that there is also a trend among teens to abuse non-prescription cough and cold medicines that are available without a prescription, over the counter (OTC), at pharmacies and grocery stores across the country. These trends highlight a new danger to ’s youth as these products are readily available and are often times perceived to be safe even if used outside their intended use. We cannot afford to ignore this trend and need to ensure that we are doing all we can to protect our kids. If we don’t address this problem now, the use of prescription drugs and OTC cough and cold medicines could become more prevalent than the use of traditional illegal narcotics such as marijuana, cocaine, heroin, and methamphetamine.
To illustrate this point, the 2006 University of Michigan annual survey of adolescents found that while illicit drug use among teens is down, use and abuse of prescription drugs remains high. This includes the abuse of powerful painkillers such as OxyContin and Vicodin. Another survey by the Partnership for a Drug Free America released just last year also found similar results stating that 1 in 5 teens admitted to abusing prescription drugs.
These surveys also included new questions on non-prescription drugs. The University of Michigan survey found that nearly 1 in 14 12th grade students had used non-prescription drugs to get high. The Partnership for a Drug Free America also found that nearly 10% of teens have abused cold and cough medicines that contain Dextromethorphan or DXM, the active ingredient in OTC cough suppressants. Taken together, these surveys are further evidence that abuse of both prescription and non-prescription OTC drugs is more common than abuse of many illicit drugs. As such, it is our duty to ensure that the laws on the books are adequate to address the new trends in drug abuse.
Of particular concern to me is the abuse of medicines that are available OTC because of how prevalent these products are. Further, many parents may not know about the abuse of such products. For instance, many parents have never heard of Dextromethorphan or DXM and are unaware that there is a problem with the abuse of this drug. For those unfamiliar, DXM is the main active ingredient in a number of OTC products, primarily in cough medicines. DXM is the active ingredient and is generally available in two forms, a “finished dosage form” and “unfinished dosage form”. Finished dosage form means a product contains DXM and other inactive ingredients that are approved for human use, such as cough and cold syrups and pills. Unfinished dosage form refers to the raw chemical DXM in any concentrated amount that is not in finished dosage form for consumption. Unfinished DXM is generally not available at local pharmacies and grocery stores; however, it is available over the internet and finding its way into our communities. Because both forms, finished and unfinished are readily available to teens, we need to ensure that reasonable controls are put in place to ensure that access to DXM is limited to those who need the products for true medicinal purposes.
So why regulate DXM at all? Aside from the increasing number of teens abusing the product, the potential dangers are cause enough. Abuse of DXM produces a hallucinogenic effect similar to that of PCP or LSD. To get this effect, teens must often ingest large quantities of DXM and given the uncertain dosage to reach this hallucinogenic effect, overdosing on the product is a real danger. If an overdose occurs, the effects can include an irregular heart beat, elevated blood pressure, seizures, brain damage, and even death. In fact, both the Food and Drug Administration (FDA) and the Substance Abuse and Mental Health Services Administration (SAMSHA) have posted warnings about the abuse of DXM in OTC finished dosage form and the unfinished dosage powdered form that kids are obtaining over the internet.
Because of these dangers that abuse and overdose pose, we are here today introducing legislation that will place reasonable restrictions on the sale of DXM. The Dextromethorphan Abuse Reduction Act of 2007 strikes the appropriate balance of regulating access to DXM and products that contain DXM for those under 18 years-old while making sure these products remain available for those who have a legitimate medical need.
First, our legislation will regulate the sale of unfinished DXM by placing it on Schedule V of the Controlled Substances Act. This is the tier of the controlled substances list that currently regulates other forms of cough syrup that contains codeine. As a Schedule V product, DXM will be regulated by the Drug Enforcement Administration (DEA) and will allow the Attorney General to regulate the sale of unfinished DXM over the internet.
Second, the legislation provides civil penalties for retailers who knowingly or intentionally sell DXM in finished dosage form to an individual under the age of 18. This requirement will ensure that stores and retailers sell products containing DXM in a responsible manner. However, to ensure that retailers are not improperly fined, the bill contains an affirmative defense for those who are presented false or fraudulent identification. The bill also provides the Attorney General the authority to tier the scheduled fines to reduce the penalties for retailers that provide an effective employee training program.
Lastly, this legislation provides vital funding to three important programs for the prevention of abuse of prescription and non-prescription drugs. The legislation authorizes funding to the National Youth Anti-Drug Media Campaign for education to children under age 18 about the dangers of prescription and OTC drug abuse. I’ve been an outspoken critic about the National Youth Anti-Drug Media Campaign’s latest efforts; however, there is a clear need for further education to parents and communities across the country about the dangers of prescription drug abuse and the abuse of non-prescription drugs such as DXM. These funds should help provide an immediate impact in informing parents of the danger that can be found in a medicine cabinet at home.
This bill also authorizes funding for the Community Anti-Drug Coalitions of America (CADCA) to provide education to children under 18 about prescription and OTC drug abuse. It also creates a small federal grant program under the Substance Abuse and Mental Health Services Administration (SAMHSA) at the Department of Health and Human Services to provide communities across the country funding if they demonstrate a major prescription or OTC drug problem and have an effective strategy to deal with that problem.
This legislation is part of an ongoing effort to prevent the abuse of DXM, along with other non-prescription and prescription drugs. This legislation is supported by a number of groups including the National Association of Chain Drug Stores (NACDS), the Food Marketing Institute (FMI), their member organizations, and the Community Anti-Drug Coalitions of America (CADCA) among others. I urge my colleagues to support this important legislation and help prevent the abuse of prescription and OTC drugs.