Current through 11/5/2024 election
Section 13-21-808 - Effect of criminal drug conviction(1)(a) A person against whom recovery is sought is estopped from denying participation in the marketing of illegal drugs if the person has a criminal conviction based on the same circumstances that are the basis for the claim for damages. Said conviction must be for other than mere possession of the specified illegal drug:(I) That is a felony under the "Comprehensive Drug Abuse Prevention and Control Act of 1970", 21 U.S.C. sec. 801, et seq.;(II) Under section 18-18-405 or 18-18-406, C.R.S.; or(III) That is a felony related to participation in the marketing of illegal drugs under the laws of another state.(b) Such a conviction is also prima facie evidence of the person's participation in the marketing of illegal drugs during the two years preceding the date of an act giving rise to a conviction.(2) The absence of a conviction of a person against whom recovery is sought does not bar an action against that person.L. 99: Entire part added, p. 1264, § 1, effective June 2.