Here in CA Gamestop actually agreed to advertise (although in practice this has been hard to find in store from my experience, but I have seen it and I did see ONE clerk mention the online pass to a customer) that games bought used that require online passes or came with similar buy-it-new DLC may not have the code be present or that it may be used.
http://www.edge-online.com/news/game...gs-used-games/
I'm unsure if it ever got rolled out to more states.