Colorado Limits Access to Products with Dextromethorphan

On August 8, 2018, House Bill 18-1307, which limits access to products with dextromethorphan, went into effect. Dextromethorphan is an active ingredient in many over-the-counter (OTC) cough medicines as it is widely used as a cough suppressant.

When taken according to labeling instructions, dextromethorphan can be safe and effective. However, when dextromethorphan is taken in excessive amounts, it can produce dangerous side effects such as nausea, vomiting, dizziness, drowsiness and blurred vision.

The new state law makes it unlawful for a seller, retailer, or vendor to knowingly or willfully dispense, sell or distribute a finished drug product containing dextromethorphan to a person under 18 years of age.

Before making a retail sale of a drug product containing dextromethorphan, a seller, retailer, or vendor must first require proof of age from the purchaser unless, they reasonable believe the purchaser is, at a minimum, 25 years of age.

Any seller, retailer, or vendor who violates the new law or fails to obtain proof of age commits an unclassified petty offense. Punishment includes:

  • For a first offense: Written warning;
  • For second and subsequent offenses: Fines of note more than $200.

It is also important to note that the new law does not apply to medications containing dextromethorphan sold pursuant to a valid prescription.

Pharmacists, technicians and other sellers of OTC dextromethorphan in Colorado will need to have new safeguards in place to identify more than 100 OTC medicines containing dextromethorphan including, but not limited to: Alka Seltzer Plus, Comtrex, Coricidin, Delsym, Dimetapp, Mucinex DM, Pediacare, Robitussin, Theraflu, Triaminic, Tylenol Cough & Cold, Vicks DayQuil / NyQuil.