H.R. 1259 is being considered under suspension of the rules, requiring a two-thirds vote for passage. The legislation was introduced by Rep. Fred Upton (R-MI) on March 3, 2009.

H.R. 1259 would amend the Food, Drug, and Cosmetic Act to prohibit the possession or distribution of unfinished (i.e. "not contained in a drug that is in finished dosage form") dextromorphan outside of licensed pharmacies, drug manufacturers, and shipping entities.

On October 15, 2007, the House passed a similar bill (H.R. 970) by voice vote. The Senate never considered the legislation.

According to the Congressional Budget Office, implementation of H.R. 1259 would increase spending subject to annual appropriations by $1 million in Fiscal Year 2010 and $11 million over five years. The CBO score also notes that the bill would impose an unfunded mandate on the private sector, by requiring sellers of unfinished dextromorphan to verify their buyers are properly registered and licensed; however, CBO does not believe these mandates exceed the thresholds specified in the Unfunded Mandates Reform Act (UMRA).