(1) (a) The general assembly hereby finds and declares that:
Alcohol-without-liquid (AWOL) devices create alcohol vapor by pouring alcohol intoa diffuser capsule connected to an oxygen pipe;
AWOL devices enable individuals to inhale or snort the alcohol vapor created fromcertain alcohol beverages through a tube into the nose or mouth rather than drink the alcohol beverage in its liquid form through the mouth;
Alcohol vapor ingested from an AWOL device bypasses the stomach and the filtering capabilities of the liver and is absorbed through blood vessels in the nose or lungs creating a faster and more intense "high" or intoxicating effect on the brain;
The popularity of AWOL devices is increasing in the nightclub and bar businessesthroughout the nation; and
AWOL devices are being marketed as a way to become intoxicated without a hangover and as a "dieter's dream" because there are no calories associated with inhaling or snorting alcohol vapor.
(b) The general assembly, therefore, determines that:
AWOL devices will substantially increase the economic costs of alcohol abuse in
Colorado;
AWOL devices are not conducive to the health, safety, and welfare of the citizens ofColorado; and
The possession, sale, purchase, and use of AWOL devices in this state should beprohibited.
For purposes of this section, "AWOL device" means a device, machine, apparatus, orappliance that mixes an alcohol beverage with pure or diluted oxygen to produce an alcohol vapor that an individual can inhale or snort. "AWOL device" does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medication.
Except as otherwise provided in subsection (5) of this section, it is unlawful for aperson to possess, purchase, sell, offer to sell, or use an AWOL device in this state. A person who violates this section shall be punished in accordance with the provisions of section 44-3-904 (2).
In addition to the penalty imposed by this section, if a person that violates subsection(3) of this section is a licensee, the state or local licensing authority may suspend or revoke the license of the licensee in accordance with the provisions of section 44-3-601.
(a) Subsection (3) of this section shall not apply to a hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university, as defined in section 23-2-102 (11), conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research and that complies with the provisions of this subsection (5).
(b) A hospital, state institution, private college or university, pharmaceutical company, or biotechnology company that possesses an AWOL device or that intends to acquire an AWOL device, shall, by September 1, 2005, or within thirty days prior to the acquisition, whichever is later, file with the Colorado department of public health and environment or its designee a notice of possession of AWOL device or a notice of acquisition of AWOL device, as appropriate.
Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1060, § 2, effective October 1.
Editor's note: This section is similar to former § 12-47-902.5 as it existed prior to 2018. 44-3-904. Violations - penalties. (1) (a) Any person violating any of the provisions of this article 3 or article 4 or 5 of this title 44 or any of the rules authorized and adopted pursuant to such articles is guilty of a class 2 petty offense and, upon conviction, thereof, shall be punished by a fine of not more than two hundred fifty dollars for each offense.
(b) The penalties provided in this section shall not be affected by the penalties provided in any other section of this article 3 or article 4 or 5 of this title 44 but shall be construed to be in addition to any other penalties.
Any person violating any of the provisions of section 44-3-901 (1)(a), (1)(g), (1)(h),(1)(j), (1)(l), (1)(m), (6)(a)(I), or (6)(b) or section 44-3-903 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
A person violating the provisions of section 44-3-901 (1)(b) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.
Any person violating any of the provisions of section 44-3-901 (1)(c) or (1)(d) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. For the second conviction and for all subsequent convictions of violating the provisions of section 44-3901 (1)(c) or (1)(d), the court shall impose at least the minimum fine and shall have no discretion to suspend any fine so imposed; except that the court may provide for the payment of such fine as provided in subsection (5) of this section.
At the discretion of the court, the fines provided for violations of section 44-3-901 (1)(c) and (1)(d) may be ordered to be paid by public work only at a reasonable hourly rate to be established by the court, who shall designate the time within which the public work is to be completed.
Any person who knowingly violates the provisions of section 44-3-901 (1)(b), (1)(e),or (1)(l) or any person who knowingly induces, aids, or encourages a person under the age of eighteen years to violate the provisions of section 44-3-901 (1)(b), (1)(c), or (1)(d) may be proceeded against pursuant to section 18-6-701 for contributing to the delinquency of a minor.
Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1061, § 2, effective October 1.
Editor's note: This section is similar to former § 12-47-903 as it existed prior to 2018.