C.R.S. Section 18-18-406.9
Unlawful distribution or purchase of dextromethorphan

  • penalty
  • preemption
  • definitions

(1)

It is unlawful for a seller, retailer, or vendor to knowingly or willfully dispense, sell, or distribute a finished drug product containing any quantity of dextromethorphan to a person less than eighteen years of age.

(2)

Intentionally left blank —Ed.

(a)

A seller, retailer, or vendor making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale unless the seller, retailer, or vendor reasonably presumes from the purchaser’s outward appearance that the purchaser is at least twenty-five years of age.

(b)

This section does not require a retail entity to:

(I)

Place products in a specific place within a store;

(II)

Impose other restrictions on consumers’ direct access to finished drug products; or

(III)

Maintain transaction records.

(3)

A seller, retailer, or vendor who violates subsection (1) or (2)(a) of this section commits an unclassified petty offense and, upon conviction thereof, shall be punished as follows:

(a)

For a first offense, the court shall issue a written warning to the seller, retailer, or vendor; and

(b)

For a second or subsequent offense, the seller, retailer, or vendor shall pay a fine of not more than two hundred dollars.

(4)

This section does not apply to a medication containing dextromethorphan, which medication is sold pursuant to a valid prescription.

(5)

If a seller, retailer, or vendor is an employer and trains its employees concerning this section’s restrictions on the distribution of medications containing dextromethorphan, such fact is an affirmative defense to any prosecution for an offense described in this section.

(6)

As used in this section, unless the context otherwise requires:

(a)

“Finished drug product” means a drug legally marketed under the “Federal Food, Drug, and Cosmetic Act”, 21 U.S.C. sec. 301 et seq., that is in finished dosage form.

(b)

“Proof of age” means any document issued by a governmental agency that contains a description or photograph of the person and gives the person’s date of birth, including a passport, military or state identification card, or driver’s license.

(7)

The general assembly finds that the regulation of access to products containing dextromethorphan is a matter of statewide concern, and, therefore, this section preempts any ordinance or code of any city, county, city and county, town, or other political subdivision of this state regulating the distribution or purchase of dextromethorphan.

Source: Section 18-18-406.9 — Unlawful distribution or purchase of dextromethorphan - penalty - preemption - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑18‑101
Short title 18‑18‑102
Definitions 18‑18‑103
Special definition - board 18‑18‑201
Authority to control 18‑18‑202
Nomenclature 18‑18‑203
Schedule I 18‑18‑204
Schedule II 18‑18‑205
Schedule III 18‑18‑206
Schedule IV - repeal 18‑18‑207
Schedule V 18‑18‑301
Rules 18‑18‑302
Registration requirements - definitions 18‑18‑303
Registration 18‑18‑304
Suspension or revocation of registration 18‑18‑305
Order to show cause 18‑18‑306
Records of registrants 18‑18‑307
Order forms 18‑18‑308
Prescriptions 18‑18‑309
Diversion prevention and control 18‑18‑401
Legislative declaration 18‑18‑402
Definitions - terms used 18‑18‑403
Additional definition 18‑18‑403.5
Unlawful possession of a controlled substance - notice to revisor of statutes - repeal 18‑18‑404
Unlawful use of a controlled substance 18‑18‑405
Unlawful distribution, manufacturing, dispensing, or sale 18‑18‑406
Offenses relating to marijuana and marijuana concentrate - definitions 18‑18‑406.1
Unlawful use or possession of synthetic cannabinoids or salvia divinorum 18‑18‑406.2
Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum 18‑18‑406.3
Medical use of marijuana by persons diagnosed with debilitating medical conditions - unlawful acts - penalty - medical marijuana program cash fund 18‑18‑406.4
Unlawful advertising of marijuana - exception 18‑18‑406.5
Unlawful use of marijuana in a detention facility 18‑18‑406.6
Extraction of marijuana concentrate - definitions 18‑18‑406.9
Unlawful distribution or purchase of dextromethorphan - penalty - preemption - definitions 18‑18‑407
Special offender - definitions 18‑18‑409
Reduction or suspension of sentence for providing substantial assistance 18‑18‑410
Declaration of class 1 public nuisance 18‑18‑411
Keeping, maintaining, controlling, renting, or making available property for unlawful distribution or manufacture of controlled substances 18‑18‑412
Abusing toxic vapors - prohibited 18‑18‑412.5
Unlawful possession of materials to make methamphetamine and amphetamine - penalty 18‑18‑412.7
Sale or distribution of materials to manufacture controlled substances 18‑18‑412.8
Retail sale of methamphetamine precursor drugs - unlawful acts - penalty 18‑18‑413
Authorized possession of controlled substances 18‑18‑414
Unlawful acts - licenses - penalties 18‑18‑415
Fraud and deceit 18‑18‑416
Controlled substances - inducing consumption by fraudulent means 18‑18‑417
Notice of conviction 18‑18‑418
Exemptions 18‑18‑419
Imitation and counterfeit controlled substances act 18‑18‑420
Imitation controlled substances - definitions 18‑18‑421
Imitation controlled substances - determination - considerations 18‑18‑422
Imitation controlled substances - violations - penalties 18‑18‑423
Counterfeit substances prohibited - penalty 18‑18‑424
Imitation controlled substances - exceptions 18‑18‑425
Drug paraphernalia - legislative declaration 18‑18‑426
Drug paraphernalia - definitions 18‑18‑427
Drug paraphernalia - determination - considerations 18‑18‑428
Possession of drug paraphernalia - penalty 18‑18‑429
Manufacture, sale, or delivery of drug paraphernalia - penalty 18‑18‑430
Advertisement of drug paraphernalia - penalty 18‑18‑430.5
Drug paraphernalia - exemption 18‑18‑431
Defenses 18‑18‑432
Drug offender public service and rehabilitation program - definitions 18‑18‑433
Constitutional provisions 18‑18‑434
Offenses relating to natural medicine and natural medicine product - definitions 18‑18‑501
Administrative inspections and warrants 18‑18‑502
Injunctions 18‑18‑503
Cooperative arrangements and confidentiality 18‑18‑504
Pleadings - presumptions - liabilities 18‑18‑505
Judicial review 18‑18‑506
Education and research 18‑18‑601
Pending proceedings - applicability 18‑18‑602
Continuation of rules - application to existing relationships 18‑18‑603
Statutes of limitations 18‑18‑604
Uniformity of interpretation 18‑18‑605
Severability 18‑18‑606
Drug case data collection 18‑18‑607
Safe stations - disposal of controlled substances - medical evaluation - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 18-18-406.9’s source at colorado​.gov