(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.
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