HB 18-1307

House Bill 18-1307 limits the sale of products containing dextromethorphan, a common cough suppressant, to people under 18 years old in Colorado. Retailers must check IDs from buyers who appear younger than 25 or reasonably believe them to be under 18 before selling these products. Violating this rule can result in a written warning for the first offense and a fine of up to $200 for subsequent offenses. The law does not apply if the product is sold with a valid prescription. This bill has been signed into law, meaning it is now enforceable by retailers and enforced by legal penalties.

Official Summary

The bill states that 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 18 years of age. 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 25 years of age. A seller, retailer, or vendor who violates the prohibition or who fails to obtain proof of age when required to do so commits an unclassified petty offense and, upon conviction thereof, shall be punished as follows: For a first offense, the court shall warn the seller, retailer, or vendor in writing; and For a second or subsequent offense, the seller, retailer, or vendor shall pay a fine of not more than $200. The prohibition does not apply to a medication containing dextromethorphan, which medication is sold pursuant to a valid prescription. It is an affirmative defense if the seller, retailer, or vendor is an employer and trains its employees concerning the bill's restrictions on the distribution of medications containing dextromethorphan. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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