93D18450D33ABA078725827800715FCD Hearing Summary

Senators Gardner and Cooke, bill sponsors, explained HB18-1307, concerning restricting the availability to children of products that contain dextromethorphan (DXM).  Senator Gardner discussed teen abuse of cough syrup and further noted that it is cheap, easily accessible, and legal.  Senator Cooke discussed the merits of the legislation, including that it has been successful in other states and strikes a good balance.  Other elements of the bill were explained, such as identification requirements and penalties.  The sponsors emphasized that the bill does not restrict the legal use of cough syrup. 

Carlos Gutierrez, representing the Consumer Healthcare Products Association, spoke in favor of the bill.  He discussed rates of teen DXM abuse.  He also reported that fifteen states have passed similar bills and have seen a reduction in teen cough syrup abuse rates as a result.  He emphasized that his organization fully supports access to cough syrup but also noted that it is a medication and should not be abused.  In answer to questions, Mr. Gutierrez stated that Nyquil, Robitussin, and Delsium are examples of cough syrup containing DXM. 

Chris Howes, representing the Colorado Retail Council, spoke in support of the measure.  He discussed the membership of the Colorado Retail Council.  He also talked about training programs for employees and explained that cough syrup products can easily be detected by bar-code scanning that automatically alerts the merchant to ask for an ID, as is the case with certain allergy medicines. 

Grier Bailey, representing the Colorado Wyoming Petroleum Marketers Association, testified in favor of the bill. 

Gino Arredando, representing himself as a student, spoke in favor of the bill.  He provided accounts of student abuse. 

A letter in support of the bill from the American Academy of Pediatrics was distributed to committee members (Attachment A). 

Senators Gardner and Cooke gave closing remarks and emphasized the importance of preventing drug abuse before it starts.