(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:
That is a felony under the "Comprehensive Drug Abuse Prevention and Control Actof 1970", 21 U.S.C. sec. 801, et seq.;
Under section 18-18-405 or 18-18-406, C.R.S.; or
That is a felony related to participation in the marketing of illegal drugs under thelaws 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.
Source: L. 99: Entire part added, p. 1264, § 1, effective June 2.