An Act to amend the Code of Virginia by adding a section numbered 18.2-251.6, relating to selling, giving, or distributing a tianeptine product; civil penalty.
Summary
SB106 adds a new section to the Virginia Code creating a civil penalty for retail establishments that sell, give, or distribute a tianeptine product without a prescription. The bill defines a tianeptine product as a human-consumption product containing any amount of tianeptine, which Virginia classifies as a Schedule I controlled substance. A first violation carries a $2,500 civil penalty, and a second or subsequent violation within three years carries a $5,000 penalty.
The bill also authorizes enforcement by local Commonwealth’s attorneys, who may bring actions to recover the penalty, and by law-enforcement officers, who may issue summonses for violations. Penalties collected are paid into the state treasury. The measure expressly states that it does not prevent prosecution under any other applicable statute, so it supplements rather than replaces existing criminal or regulatory enforcement.
Impact
SB106 expands Virginia’s enforcement tools against retail distribution of tianeptine by creating a specific civil penalty provision in Title 18.2. It affects retail establishments and their employees’ conduct by making the business responsible for violations, and it gives prosecutors and law enforcement a direct mechanism to pursue cases involving unauthorized sales or distribution of tianeptine products. The bill does not change tianeptine’s controlled-substance classification, but it adds a targeted penalty structure and enforcement pathway for products marketed for human consumption.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislative process. It advanced through committee and both chambers with unanimous or near-unanimous votes, and it ultimately passed with no recorded opposition. The absence of committee transcript material suggests there was little publicized debate, and the vote history indicates strong consensus around restricting retail access to tianeptine products.
Contention
There is little evidence of significant contention in the available record. The main policy choice reflected in the bill is whether to address tianeptine sales through civil penalties aimed at retail establishments rather than through a new criminal offense, and the bill preserves the ability to prosecute under other laws. Any concern would likely center on enforcement burden for retailers, the scope of liability for employee conduct, and the use of civil penalties for a substance already treated as a Schedule I controlled substance, but no opposing arguments are reflected in the votes or transcripts provided.