> ## Content Index > Fetch the complete content index at: https://www.thecoloradoconservative.com/llms.txt > Use this file to discover other available public pages before exploring further. # Proposition 132 - Increase Penalties for Fentanyl Crimes - URL: https://www.thecoloradoconservative.com/proposition-132-increase-penalties-for-fentanyl-crimes/ - Published: 2026-09-21T00:01:06.000Z - Updated: 2026-09-21T00:01:06.000Z - Author: Eric Phelan # OFFICIAL BALLOT QUESTION *“Shall there be a change to the Colorado Revised Statutes concerning criminal penalties for fentanyl and certain synthetic opioids, and, in connection therewith, increasing the felony classifications of drug-related crimes for distribution, manufacturing, dispensing, sale, or possession of fentanyl and certain synthetic opioids; creating mandated treatment for certain drug felony violations based on possession amount; and changing sentencing provisions to narrow or eliminate exemptions for crimes related to fentanyl and certain synthetic opioids and drug-related deaths?”* **Source Colorado Secretary of State certified 2026 ballot list** # NEUTRAL OVERVIEW Proposition 132 is a statutory measure that substantially increases criminal penalties for fentanyl, carfentanil, benzimidazole opiates, and specified analogs beginning January 1, 2027\. It applies to unlawful possession and to distribution, a legal term that includes selling, transferring, or sharing. A YES vote adopts the new felony classifications, mandatory treatment provision, longer sentences, and narrower exemptions. A NO vote keeps the existing quantity-based system and current mitigation rules. The proposal makes distribution of any amount of a covered fentanyl substance a Level 1 drug felony carrying a mandatory sentence of 8 to 32 years. It makes possession of more than one gram and up to four grams a Level 3 drug felony. Possession of no more than one gram becomes a treatment-mandated Level 4 drug felony that may be reduced after successful court-ordered treatment. A separate Level 2 possession offense based on a mixture containing more than 60 percent fentanyl takes effect only after the Colorado Bureau of Investigation reports that it has the resources to measure that concentration. | **Offense** | **Current law** | **Proposition 132** | | -------------------------- | ---------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------- | | Distribution over 50 grams | Mandatory 8–32 years | Mandatory 8–32 years | | Distribution 4–50 grams | Possible 4–8 years; higher charge in specified cases | Mandatory 8–32 years | | Distribution under 4 grams | Possible 2–4 years; reduced penalty may apply after qualifying overdose assistance | Mandatory 8–32 years | | Possession 1–4 grams | Possible 6–12 months; some mitigation and treatment options | Level 3 drug felony; possible 2–4 years | | Possession up to 1 gram | Generally no state prison; misdemeanor or treatment-related dispositions may apply | Treatment-mandated Level 4 drug felony; possible 6–12 months; may be reduced after successful treatment | *The table summarizes the official Legislative Council comparison. “Possible” prison time means incarceration is within the sentencing range but is not automatically required. Drug weights refer to the total mixture containing fentanyl, not only the fentanyl itself.* The measure also removes an exemption from Colorado’s habitual-criminal statute for certain Level 4 fentanyl possession convictions. It preserves protections for minuscule residue in used syringes or paraphernalia and for authorized safe-disposal workers. It narrows mitigation tied to lack of awareness and eliminates the reduced distribution penalty for certain people who report an overdose and remain to help. # THE PROPONENT CASE Supporters argue that fentanyl is not an ordinary drug-market risk. It can kill in very small quantities, is frequently hidden in counterfeit pills or mixed into other drugs, and has become the leading substance involved in fatal overdoses. They contend that anyone who knowingly enters the illegal distribution chain assumes responsibility for the contents placed into the community, and that an 8-to-32-year sentence is justified when the product can kill a child or unsuspecting buyer after a single exposure. Supporters also argue that clear penalties incapacitate traffickers, improve prosecutors’ ability to move up supply networks, give families a stronger measure of justice, and establish a deterrent boundary. For low-level possession, they point to mandatory rehabilitation and the opportunity to reduce the felony after successful treatment. # THE OPPONENT CASE Opponents argue that the measure treats every transfer as major trafficking, even when the quantity is tiny, no money changes hands, or one addicted person shares with another. They warn that mandatory minimums transfer leverage from judges to prosecutors, prevent courts from weighing individual circumstances, and can punish a person who knew a substance was illegal but did not know it contained fentanyl. Opponents also warn that fear of an 8-year sentence may discourage people from calling 911 during an overdose, that felony possession can make recovery and employment harder, and that prison spending may crowd out treatment and prevention. Legislative Council estimates state spending will rise from about $0.9 million in the first budget year to $68.2 million by year five, with additional prison-space costs possible. # OFFICIAL MEASURE INFORMATION | **Item** | **Official listing** | | -------------------------- | ------------------------------------------------------------------------ | | Approval required | Majority vote because the measure changes Colorado statutes | | Effective date | January 1, 2027 | | Designated representatives | Suzanne Taheri and Michael Fields | | Registered in support | A Brighter Colorado; Eagle County Republican Women Club | | Registered in opposition | The People’s No; Coloradans For Real Safety Solutions; Vote Common Sense | *Committee listings can change. Current listing and full contact information: coloradosos.gov/pubs/elections/Initiatives/ballot/contacts/2026.html.* **THE COLORADO CONSERVATIVE RECOMMENDS YES** # WHY WE RECOMMEND YES We recommend YES because fentanyl has changed the risk Colorado is confronting. The official Legislative Council analysis identifies fentanyl as the leading cause of drug-overdose deaths in Colorado and the United States. Nationally, the Centers for Disease Control and Prevention reports that fentanyl was involved in 75 percent of overdose deaths among young people ages 10 through 19 from 2020 through 2024\. Preliminary federal data also show that while overdose deaths fell nationally in 2025, Colorado was among the few states where total overdose deaths increased by at least 10 percent. The national improvement is welcome; Colorado cannot mistake it for permission to relax. The danger to children is especially serious because illicit fentanyl does not always arrive in a form a young person recognizes as fentanyl. It is pressed into counterfeit pills made to resemble legitimate medication and mixed into other drugs. A teenager may make one reckless decision without understanding that the pill in hand contains a substance many times more potent than the drug it imitates. The person who manufactures, sells, or transfers that product creates a risk far beyond an ordinary illegal transaction. Colorado therefore needs an unmistakable rule for the illicit supply chain: knowingly manufacturing or distributing controlled substances containing fentanyl will bring severe consequences. The state should not tolerate a market in which sellers can move counterfeit pills or fentanyl mixtures and then minimize the danger because the quantity was small. A small quantity can still contain multiple lethal exposures. Public policy should place the risk of that uncertainty on the person choosing to distribute an illegal product, not on the child, family, or unsuspecting user who suffers the consequence. That conclusion does not make every provision easy. Proposition 132 defines distribution broadly enough to include transfer or sharing, not only commercial sale. It makes any amount a Level 1 drug felony with a mandatory 8-to-32-year sentence. That can reach an addicted person who shares a small amount with another user as well as an organized trafficker. It also limits a judge’s ability to consider whether the defendant reasonably knew the substance contained fentanyl. Those are real costs to proportionality, and voters should not be told otherwise. We nevertheless conclude that the present danger justifies adopting the stronger boundary. Participation in an illegal drug-distribution chain is a voluntary act that exposes other people to a substance capable of killing in minute quantities. When the foreseeable harm is death, the law may properly demand greater caution and impose much greater responsibility. The point is not vengeance. It is to remove dangerous distributors from the street, change the calculation of people considering entry into the market, and make Colorado a hostile place for anyone willing to profit from or casually spread fentanyl. The measure does retain a meaningful distinction for low-level possession. A person possessing no more than one gram faces a treatment-mandated Level 4 felony and may earn reduction of that conviction after successfully completing court-ordered rehabilitation. That is not a soft consequence, but it recognizes that addiction and trafficking are not identical. Treatment must be real, promptly available, evidence based, and connected to long-term recovery. A treatment mandate without treatment capacity would be punishment disguised as rehabilitation. The Good Samaritan issue requires special attention. Current law can reduce distribution penalties for a person who reports an overdose, remains at the scene, identifies himself or herself, and cooperates. Proposition 132 eliminates that reduced distribution classification, although other possession and emergency protections remain. Colorado must never create a practical incentive to abandon a dying person. Police, prosecutors, emergency departments, and the General Assembly should track 911 behavior immediately. If calls fall, witnesses flee, or rescue delays increase, lawmakers should correct that provision without waiting for preventable deaths. That ability to correct the law matters. Proposition 132 changes statutes, not the Colorado Constitution. If evidence shows that a provision is too harsh, sweeps in the wrong people, undermines overdose reporting, or fails to improve safety, the General Assembly can amend or repeal it through the ordinary legislative process. The law has no automatic sunset, so correction will require elected officials to act. But Colorado is not locking an experiment into the Constitution. Voters can establish a strong policy now and demand revision later if measured results justify it. The fiscal consequences are substantial. Legislative Council estimates about $8.9 million in added state spending in the second year and $68.2 million by year five, plus possible construction or contracting for prison space. The measure identifies no new funding source. Public safety is a core duty of government, and serious offenders are expensive to prosecute and confine. Even so, a YES vote is not a blank check. The state must show that the added cases and prison beds are directed toward dangerous distribution and repeat criminal conduct, not used as a substitute for treatment of addiction. Stronger penalties are also only one part of a credible fentanyl strategy. Colorado still needs school and parent education, counterfeit-pill warnings, naloxone access, rapid overdose response, treatment on demand, recovery support, interdiction, intelligence-led investigations, and prosecution of the organizations supplying the market. Penalties can incapacitate and deter; they cannot by themselves cure addiction or prevent every exposure. Government must pursue both enforcement and prevention instead of pretending either can replace the other. Colorado’s first obligation is to protect innocent life, especially children who may not understand that one counterfeit pill can be fatal. Proposition 132 is severe because the threat is severe. Its breadth must be watched, its treatment promise must be funded, and its rescue consequences must be measured. But the central message is correct: Colorado will not accept the manufacture or distribution of fentanyl as an ordinary drug offense. We recommend a YES vote, followed by exacting oversight and prompt legislative correction if any provision proves unjust or counterproductive. # HOW WE REACHED THE SCORES Each category uses five tests worth 0 to 10 points. The fixed anchors are: 0 for clear harm or failure; 2 for a material weakness; 5 for mixed or neutral evidence; 8 for a clear benefit with workable safeguards; and 10 for an exceptional benefit with strong controls. Intermediate whole numbers are used only when the evidence falls between anchors. Star conversion is fixed: 0–4 points earns no star; 5–14 earns one; 15–24 earns two; 25–34 earns three; 35–44 earns four; and 45–50 earns five. The same thresholds apply to every category. | **Category** | **Points** | **Stars** | | ------------------------- | ---------- | --------- | | Fiscal Responsibility | 23/50 | ★★☆☆☆ | | Limited Government | 28/50 | ★★★☆☆ | | Individual Liberty | 26/50 | ★★★☆☆ | | Institutional Integrity | 30/50 | ★★★☆☆ | | Long-Term Colorado Impact | 34/50 | ★★★☆☆ | **FISCAL RESPONSIBILITY 23 OF 50 ★★☆☆☆** *Public safety is a core state duty, but the measure creates large, rising corrections costs without a dedicated funding source or cost-control mechanism.* | **Test** | **Pts** | **Evidence and reason** | | -------------------- | ------- | ------------------------------------------------------------------------------------------------------------------------------------ | | Core public purpose | 8 | The measure directs resources to prosecution and incapacitation of conduct that can cause death in very small quantities. | | Projected state cost | 2 | State spending is estimated at $8.9 million in year two and $68.2 million by year five, with additional prison-space costs possible. | | Fiscal transparency | 8 | The official analysis identifies court, defense, prison, prosecution, fine-revenue, and potential capital-cost effects. | | Funding discipline | 1 | No funding source, expenditure cap, sunset, or automatic fiscal review is included. | | Avoided-harm value | 4 | Prevented deaths and trafficking harm could be substantial, but the measure does not guarantee or quantify those savings. | | Metric total | 23 | ★★☆☆☆ | **LIMITED GOVERNMENT 28 OF 50 ★★★☆☆** *Suppressing lethal trafficking is a central government function, but mandatory minimums and felony possession materially expand state coercive power.* | **Test** | **Pts** | **Evidence and reason** | | ----------------------- | ------- | --------------------------------------------------------------------------------------------------------------------------- | | Proper government role | 10 | Protecting residents from lethal illicit distribution falls squarely within criminal law and public safety. | | Targeting precision | 5 | The law targets fentanyl and related synthetic opioids, but distribution includes any transfer or sharing and any quantity. | | Judicial discretion | 1 | Mandatory 8-to-32-year distribution sentences sharply limit a judge’s ability to tailor punishment. | | Statutory reversibility | 8 | Because the measure is statutory, later legislatures may amend or repeal provisions that prove excessive or ineffective. | | Government expansion | 4 | The proposal expands felony cases, prison population, treatment orders, prosecution work, and public-defense obligations. | | Metric total | 28 | ★★★☆☆ | **INDIVIDUAL LIBERTY 26 OF 50 ★★★☆☆** *The measure strongly protects the lives and security of potential victims but imposes serious liberty costs through broad felony exposure and fixed sentencing.* | **Test** | **Pts** | **Evidence and reason** | | --------------------------- | ------- | -------------------------------------------------------------------------------------------------------------------------------------- | | Protection of innocent life | 10 | The policy responds to a substance involved in most youth overdose deaths nationally and capable of killing unsuspecting users. | | Knowledge and due process | 4 | The underlying conduct must be knowing, but the measure limits mitigation when a person did not know the substance contained fentanyl. | | Proportional punishment | 1 | Any distribution amount can trigger the same Level 1 classification and 8-to-32-year range. | | Treatment and second chance | 7 | Possession up to one gram requires treatment and permits a felony reduction after successful completion. | | Emergency assistance | 4 | Some possession protections remain, but eliminating the reduced distribution penalty may discourage overdose reporting. | | Metric total | 26 | ★★★☆☆ | **INSTITUTIONAL INTEGRITY 30 OF 50 ★★★☆☆** *The ballot and official analysis disclose the core changes, but the measure relies on charging decisions and includes no mandatory outcome-reporting system.* | **Test** | **Pts** | **Evidence and reason** | | -------------------------- | ------- | ----------------------------------------------------------------------------------------------------------------------------------------------------- | | Ballot transparency | 8 | The ballot title identifies increased felony classifications, mandated treatment, and narrowed or eliminated exemptions. | | Rule clarity | 7 | The measure specifies covered substances, quantity bands, sentence classifications, treatment eligibility, and an effective date. | | Consistent enforcement | 8 | Fixed felony levels and mandatory sentencing reduce variation for distribution, though charging discretion remains powerful. | | Public accountability data | 2 | The measure does not require recurring reports on prosecutions, treatment, deaths, rescue calls, costs, or disparities. | | Legal coherence | 5 | The proposal integrates with existing criminal statutes but removes mitigation and habitual-offender exceptions that previously moderated edge cases. | | Metric total | 30 | ★★★☆☆ | **LONG-TERM COLORADO IMPACT 34 OF 50 ★★★☆☆** *The measure may protect families and disrupt distribution, but lasting success depends on treatment, prevention, rescue behavior, and evidence-based revision.* | **Test** | **Pts** | **Evidence and reason** | | ---------------------------- | ------- | ------------------------------------------------------------------------------------------------------------------------------------ | | Child and family safety | 9 | The measure creates a forceful response to counterfeit pills and fentanyl exposure that can kill young people without warning. | | Trafficking disruption | 7 | Long sentences can incapacitate distributors and strengthen leverage against supply networks, though replacement sellers may emerge. | | Overdose deterrence | 5 | Severe penalties may deter some conduct, but the size of the effect on use and deaths is uncertain. | | Treatment and prevention fit | 5 | The low-level treatment mandate helps, but the law does not fund treatment, naloxone, education, or prevention. | | Adaptability | 8 | The statutory measure can be amended or repealed if data show excessive punishment, rescue deterrence, or poor safety results. | | Metric total | 34 | ★★★☆☆ | # OVERALL RESULT | **Five-category total** | **Normalized score** | **Overall stars** | **Recommendation** | | ----------------------- | -------------------- | ----------------- | ------------------ | | 141/250 | 28/50 | ★★★☆☆ | YES | The result supports a YES recommendation because protecting innocent life and confronting lethal distribution are legitimate, urgent state responsibilities. The score remains three stars—not five—because the mandatory sentence is exceptionally broad, the fiscal cost is large, rescue behavior could be affected, and the measure lacks built-in reporting and review requirements. # WHAT WE WILL HOLD GOVERNMENT ACCOUNTABLE FOR Whatever the election result, the publication will compare the promises made to voters with charging decisions, treatment access, public-safety results, rescue behavior, and actual taxpayer cost. ## HOW WE WILL DO IT **1\. Establish the baseline.** Record fentanyl-involved deaths, youth deaths, nonfatal overdoses, 911 calls, naloxone administrations, possession cases, distribution cases, sentences, treatment placements, and prison costs for at least the three years before implementation. **2\. Separate traffickers from users.** Publish cases by charged conduct, amount, sale versus transfer or sharing, evidence of commercial activity, criminal history, role in the supply chain, and whether the accused was primarily using, transporting, manufacturing, or selling. **3\. Audit every mandatory sentence.** Track the number of Level 1 distribution convictions, plea agreements, dismissed counts, average sentence, departures, appellate decisions, and how often the same sentence applies to trace transfers and organized trafficking. **4\. Measure treatment honestly.** Report treatment referrals, waiting time, provider capacity, completion, relapse, repeat arrest, and how many Level 4 felony convictions are actually vacated or reduced after successful rehabilitation. **5\. Protect overdose rescue.** Compare 911 calls, witness cooperation, scene abandonment, emergency-response delays, Good Samaritan claims, and overdose survival before and after the law. Any evidence that people are afraid to summon help requires immediate legislative review. **6\. Test whether children are safer.** Track school-age fentanyl exposures, counterfeit-pill incidents, youth overdose deaths, poison-center calls, school naloxone use, and student awareness. Do not treat adult incarceration numbers as proof of child protection. **7\. Follow the money.** Compare actual court, public-defense, prosecution, treatment, prison, medical, and prison-space costs with the official forecast. Identify which General Fund programs lose money when costs exceed appropriations. **8\. Examine equal enforcement.** Publish outcomes by county, judicial district, age, race, sex, prior record, indigency, and prosecutor. Investigate unexplained geographic or demographic differences rather than assuming every disparity proves or disproves bias. **9\. Measure supply disruption.** Report seizures, pill-press cases, trafficking-network prosecutions, repeat distribution, fentanyl availability, concentration, counterfeit-pill prevalence, and whether enforcement reaches organizers rather than only replaceable street-level participants. **10\. Require one-, three-, and five-year decisions.** At each review point, state whether to keep, narrow, expand, or repeal each major provision. Recommend correction if the law fails to reduce harm, punishes users as traffickers, deters rescue, overwhelms treatment, produces unsustainable cost, or is applied inconsistently. *Primary accountability records: Colorado Department of Public Health and Environment overdose data; Colorado Bureau of Investigation laboratory and seizure data; Judicial Branch case and sentencing records; district attorney and public defender caseloads; Department of Corrections population and cost reports; Behavioral Health Administration treatment records; emergency medical and poison-center data; court opinions; and General Assembly budget documents.* # APPENDIX INITIATIVE 85 TEXT **Source Colorado Secretary of State final text of Initiative 85** *Be it Enacted by the People of the state of Colorado:* **SECTION 1\. In Colorado Revised Statutes, 18-18-102, add (35.5) as follows:** **18-18-102\. Definitions.** As used in this article 18: (35.5) “LEVEL 4 TREATMENT-MANDATED DRUG FELONY” MEANS A LEVEL 4 DRUG FELONY THAT IS ELIGIBLE TO BE VACATED FOLLOWING SUCCESSFUL COMPLETION OF COURT-ORDERED TREATMENT FOR DRUG REHABILITATION ACCORDING TO THE PROVISIONS OF SECTION 18-1.3-103.5. **SECTION 2\. In Colorado Revised Statutes, repeal and reenact, with amendments, 18-18-405 as follows:** 18-18-405\. Unlawful distribution, manufacturing, dispensing, or sale. (1)(a) EXCEPT AS AUTHORIZED BY PART 1 OF ARTICLE 280 OF TITLE 12, PART 2 OF ARTICLE 80 OF TITLE 27, PART 2 OR 3 OF THIS ARTICLE 18, SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, IT IS UNLAWFUL FOR ANY PERSON KNOWINGLY TO MANUFACTURE, DISPENSE, SELL, OR DISTRIBUTE, OR TO POSSESS WITH INTENT TO MANUFACTURE, DISPENSE, SELL, OR DISTRIBUTE, A CONTROLLED SUBSTANCE; OR INDUCE, ATTEMPT TO INDUCE, OR CONSPIRE WITH ONE OR MORE OTHER PERSONS, TO MANUFACTURE, DISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO MANUFACTURE, DISPENSE, SELL, OR DISTRIBUTE, A CONTROLLED SUBSTANCE; OR POSSESS ONE OR MORE CHEMICALS OR SUPPLIES OR EQUIPMENT WITH INTENT TO MANUFACTURE A CONTROLLED SUBSTANCE. (b) AS USED IN THIS SUBSECTION (1), “DISPENSE” DOES NOT INCLUDE LABELING, AS DEFINED IN SECTION 12-280-103 (23). (2) EXCEPT AS OTHERWISE PROVIDED FOR AN OFFENSE CONCERNING MARIJUANA AND MARIJUANA CONCENTRATE IN SECTION 18-18-406 AND FOR SPECIAL OFFENDERS AS PROVIDED IN SECTION 18-18-407, A PERSON WHO VIOLATES ANY OF THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION: (a) COMMITS A LEVEL 1 DRUG FELONY AND IS SUBJECT TO THE MANDATORY SENTENCING PROVISIONS IN SECTION 18-1.3-401.5 (7) IF: (I) THE VIOLATION INVOLVES ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT WEIGHS: (A) MORE THAN TWO HUNDRED TWENTY-FIVE GRAMS AND CONTAINS A SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE; OR (B) MORE THAN ONE HUNDRED TWELVE GRAMS AND CONTAINS METHAMPHETAMINE, HEROIN, KETAMINE, OR CATHINONES; OR (C) MORE THAN FIFTY MILLIGRAMS AND CONTAINS FLUNITRAZEPAM; OR (D) ANY AMOUNT AND CONTAINS FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g); OR (II) AN ADULT SELLS, DISPENSES, DISTRIBUTES, OR OTHERWISE TRANSFERS ANY QUANTITY OF A SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE OR ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT CONTAINS ANY AMOUNT OF A SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE, OTHER THAN MARIJUANA OR MARIJUANA CONCENTRATE, TO A MINOR AND THE ADULT IS AT LEAST TWO YEARS OLDER THAN THE MINOR; (III) EXCEPT AS PROVIDED IN SECTION 18-1-711 (3)(i), THE DEFENDANT COMMITTED A VIOLATION OF SUBSECTION (2)(a)(I)(D) OF THIS SECTION, AND THE ACTIONS IN VIOLATION OF SUBSECTION (2)(a)(I)(D) OF THIS SECTION ARE THE PROXIMATE CAUSE OF THE DEATH OF ANOTHER PERSON WHO USED OR CONSUMED THE MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT CONTAINED FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g). (b) COMMITS A LEVEL 2 DRUG FELONY IF: (I) THE VIOLATION INVOLVES ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT WEIGHS: (A) MORE THAN FOURTEEN GRAMS, BUT NOT MORE THAN TWO HUNDRED TWENTY-FIVE GRAMS, AND CONTAINS A SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE; (B) MORE THAN SEVEN GRAMS, BUT NOT MORE THAN ONE HUNDRED TWELVE GRAMS, AND CONTAINS METHAMPHETAMINE, HEROIN, KETAMINE, OR CATHINONES; OR (C) MORE THAN TEN MILLIGRAMS, BUT NOT MORE THAN FIFTY MILLIGRAMS, AND CONTAINS FLUNITRAZEPAM; (II) AN ADULT SELLS, DISPENSES, DISTRIBUTES, OR OTHERWISE TRANSFERS ANY QUANTITY OF A SCHEDULE III OR SCHEDULE IV CONTROLLED SUBSTANCE OR ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT CONTAINS ANY QUANTITY OF A SCHEDULE III OR SCHEDULE IV CONTROLLED SUBSTANCE TO A MINOR AND THE ADULT IS AT LEAST TWO YEARS OLDER THAN THE MINOR; MINOR; (c) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, COMMITS A LEVEL 3 DRUG FELONY IF THE VIOLATION INVOLVES ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT WEIGHS: (I) NOT MORE THAN FOURTEEN GRAMS AND CONTAINS A SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE; (II) NOT MORE THAN SEVEN GRAMS AND CONTAINS METHAMPHETAMINE, HEROIN, KETAMINE, OR CATHINONES; (III) NOT MORE THAN TEN MILLIGRAMS AND CONTAINS FLUNITRAZEPAM; OR (IV) MORE THAN FOUR GRAMS AND CONTAINS A SCHEDULE III OR SCHEDULE IV CONTROLLED SUBSTANCE. (d) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION OR SECTION 18-1-711 (3)(j), COMMITS A LEVEL 4 DRUG FELONY IF: (I) THE VIOLATION INVOLVES ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT WEIGHS NOT MORE THAN FOUR GRAMS AND CONTAINS A SCHEDULE III OR SCHEDULE IV CONTROLLED SUBSTANCE; OR (II) NOTWITHSTANDING SUBSECTION (2)(c) OF THIS SECTION, THE VIOLATION INVOLVES DISTRIBUTION OR TRANSFER OF THE CONTROLLED SUBSTANCE FOR THE PURPOSE OF CONSUMING ALL OF THE CONTROLLED SUBSTANCE WITH ANOTHER PERSON OR PERSONS AT A TIME SUBSTANTIALLY CONTEMPORANEOUS WITH THE TRANSFER; EXCEPT THAT THIS SUBPARAGRAPH (II) APPLIES ONLY IF THE DISTRIBUTION OR TRANSFER INVOLVES NOT MORE THAN FOUR GRAMS OF A SCHEDULE I OR II CONTROLLED SUBSTANCE OR NOT MORE THAN TWO GRAMS OF METHAMPHETAMINE, HEROIN, KETAMINE, OR CATHINONES; (e) COMMITS A LEVEL 1 DRUG MISDEMEANOR IF THE VIOLATION INVOLVES: (I) A SCHEDULE V CONTROLLED SUBSTANCE; OR (II) A TRANSFER WITH NO REMUNERATION OF NOT MORE THAN FOUR GRAMS OF A SCHEDULE III OR SCHEDULE IV CONTROLLED SUBSTANCE. (3) WHEN A PERSON COMMITS UNLAWFUL DISTRIBUTION, MANUFACTURE, DISPENSING, SALE, OR POSSESSION WITH INTENT TO MANUFACTURE, DISPENSE, SELL, OR DISTRIBUTE ANY SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE, AS LISTED IN SECTION 18-18-203 OR 18-18-204, FLUNITRAZEPAM, KETAMINE, OR CATHINONES, OR CONSPIRES WITH ONE OR MORE PERSONS TO COMMIT THE OFFENSE, PURSUANT TO SUBSECTION (1) OF THIS SECTION, TWICE OR MORE WITHIN A PERIOD OF SIX MONTHS, WITHOUT HAVING BEEN PLACED IN JEOPARDY FOR THE PRIOR OFFENSE OR OFFENSES, THE AGGREGATE AMOUNT OF THE SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE, FLUNITRAZEPAM, KETAMINE, OR CATHINONES INVOLVED MAY BE USED TO DETERMINE THE LEVEL OF DRUG OFFENSE. (4) EXCEPT FOR A PROSECUTION FOR MANUFACTURING, A PERSON COMMITS A LEVEL 1 DRUG MISDEMEANOR FOR A VIOLATION OF SUBSECTION (2)(c)(I), (2)(c)(II), OR (2)(d) OF THIS SECTION IF: (a) THE DISTRIBUTION, DISPENSING, TRANSFER, OR SALE INVOLVES A MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT WEIGHS NOT MORE THAN FOUR GRAMS AND CONTAINS ANY AMOUNT OF A CONTROLLED SUBSTANCE IDENTIFIED IN SUBSECTION (2)(c)(I), (2)(c)(II), OR (2)(d) OF THIS SECTION; (b) THE DEFENDANT REPORTS IN GOOD FAITH AN EMERGENCY DRUG OVERDOSE EVENT TO A LAW ENFORCEMENT OFFICER, TO THE 911 SYSTEM, OR TO A MEDICAL PROVIDER, OR THE DEFENDANT AIDS OR SEEKS AID FOR THE PERSON WHO SUFFERED THE EMERGENCY DRUG OVERDOSE; (c) THE DEFENDANT REMAINS AT THE SCENE OF THE EVENT UNTIL A LAW ENFORCEMENT OFFICER OR AN EMERGENCY MEDICAL RESPONDER ARRIVES OR THE DEFENDANT REMAINS AT THE FACILITIES OF THE MEDICAL PROVIDER UNTIL A LAW ENFORCEMENT OFFICER ARRIVES; (d) THE DEFENDANT IDENTIFIES HIMSELF OR HERSELF AND COOPERATES WITH THE LAW ENFORCEMENT OFFICER, EMERGENCY MEDICAL RESPONDER, OR MEDICAL PROVIDER; AND (e) THE OFFENSE ARISES FROM THE SAME COURSE OF EVENTS FROM WHICH THE EMERGENCY OVERDOSE EVENT AROSE. **SECTION 3\. In Colorado Revised Statutes, 18-1.3-401.5, amend (7) and (10)(a)(III.5) as follows:** 18-1.3-401.5\. Drug felonies classified - presumptive and aggravated penalties - legislative intent. (7) Except as provided in section 18-18-405 (2)(a)(III)(B), notwithstanding NOTWITHSTANDING any provision of this section to the contrary, if the defendant is convicted of a level 1 drug felony, the court shall sentence the defendant to a term of incarceration in the department of corrections of at least eight years but not more than thirty-two years. The presence of one or more of the aggravating circumstances provided in subsection (10)(a) of this section or in section 18-18-407 (1) requires the court to sentence a defendant convicted of a level 1 drug felony to a term of incarceration in the department of corrections of at least twelve years but no more than thirty-two years. The court may impose a fine in addition to imprisonment. (10)(a) Except for a level 1 drug felony, the presence of one or more of the following aggravating circumstances at the time of the commission of a drug felony offense requires the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than the maximum term of the aggravated range: (III.5) The defendant was on appeal bond following his or her THE DEFENDANT’S conviction for a previous felony; **SECTION 4\. In Colorado Revised Statutes, 18-18-407, amend (1)(h) as follows:** 18-18-407\. Special offender - definitions. (1) A person who commits a felony offense pursuant to this part 4 under any one or more of the following aggravating circumstances commits a level 1 drug felony and is a special offender: (h) The defendant committed a violation of section 18-18-405 (2)(a)(I)(D), (2)(b)(I)(D), or (2)(c)(V), and the defendant possessed pill or tablet manufacturing equipment with the intent to use the equipment in the manufacture of a controlled substance. **SECTION 5\. In Colorado Revised Statutes, repeal and reenact 18-18-403.5 as follows: 18-18-403.5\. Unlawful possession of a controlled substance - notice to revisor of statutes - repeal.** (1) EXCEPT AS AUTHORIZED BY PART 1 OR 3 OF ARTICLE 280 OF TITLE 12, PART 2 OF ARTICLE 80 OF TITLE 27, SECTION 18-1-711, SECTION 18-18-428 (1)(b), PART 2 OR 3 OF THIS ARTICLE 18, SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, IT IS UNLAWFUL FOR A PERSON KNOWINGLY TO POSSESS A CONTROLLED SUBSTANCE. (2) ON OR AFTER MARCH 1, 2020, A PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION BY POSSESSING: (a) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT CONTAINS ANY QUANTITY OF FLUNITRAZEPAM; KETAMINE; GAMMA HYDROXYBUTYRATE, INCLUDING ITS SALTS, ISOMERS, AND SALTS OF ISOMERS; CATHINONES; OR MORE THAN FOUR GRAMS OF A CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR II OF PART 2 OF THIS ARTICLE 18 COMMITS A LEVEL 4 DRUG FELONY. (b) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT CONTAINS NOT MORE THAN FOUR GRAMS OF A CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR II OF PART 2 OF THIS ARTICLE 18 OR ANY QUANTITY OF A CONTROLLED SUBSTANCE LISTED IN SCHEDULE III, IV, OR V OF PART 2 OF THIS ARTICLE 18 EXCEPT FLUNITRAZEPAM, GAMMA HYDROXYBUTYRATE, OR KETAMINE COMMITS A LEVEL 1 DRUG MISDEMEANOR; EXCEPT THAT A FOURTH OR SUBSEQUENT OFFENSE FOR A VIOLATION OF THIS SUBSECTION (2)(b) IS A LEVEL 4 DRUG FELONY. (3)(a) NOTWITHSTANDING SUBSECTION (2) OF THIS SECTION, ON OR AFTER JANUARY 1, 2027, A PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION BY KNOWINGLY POSSESSING: (I) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT WEIGHS MORE THAN ONE GRAM AND NOT MORE THAN FOUR GRAMS AND CONTAINS ANY QUANTITY OF FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g), COMMITS A LEVEL 3 DRUG FELONY; (II) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT WEIGHS NOT MORE THAN ONE GRAM AND CONTAINS ANY QUANTITY OF FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g), COMMITS A LEVEL 4 TREATMENT-MANDATED DRUG FELONY AND SUCH DEFENDANT IS ELIGIBLE FOR COURT-ORDERED TREATMENT FOR DRUG REHABILITATION. (4)(a) A PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION BY POSSESSING ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT CONTAINS A QUANTITY OF FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g), THAT IS MORE THAN SIXTY PERCENT OF THE TOTAL COMPOSITION OF THE MATERIAL, COMPOUND, MIXTURE, OR PREPARATION, COMMITS A LEVEL 2 DRUG FELONY. (b)(I) THIS SUBSECTION (4) TAKES EFFECT AT 12:01 A.M. THIRTY DAYS AFTER THE DATE IDENTIFIED IN THE NOTICE PROVIDED TO THE REVISOR OF STATUTES BY THE DIRECTOR OF THE COLORADO BUREAU OF INVESTIGATION THAT THE COLORADO BUREAU OF INVESTIGATION HAS THE RESOURCES TO DETERMINE THE QUANTITY OF FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g), COMPARED TO THE TOTAL COMPOSITION OF THE MATERIAL, COMPOUND, MIXTURE, OR PREPARATION, OR ON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE DOES NOT SPECIFY A DIFFERENT DATE. (II) THE DIRECTOR OF THE COLORADO BUREAU OF INVESTIGATION SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING WHEN THE CONDITION SPECIFIED IN SUBSECTION (4)(b)(I) OF THIS SECTION HAS OCCURRED BY E-MAILING THE NOTICE TO REVISOROFSTATUTES.GA@COLEG.GOV. (III) CONCURRENT WITH THE NOTICE REQUIRED IN SUBSECTION (4)(b)(II) OF THIS SECTION, THE DIRECTOR OF THE COLORADO BUREAU OF INVESTIGATION SHALL NOTIFY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, THE CHIEF JUSTICE OF THE SUPREME COURT, THE GOVERNOR, THE ATTORNEY GENERAL, THE STATE PUBLIC DEFENDER, AND EACH DISTRICT ATTORNEY IN THE STATE, THAT THE COLORADO BUREAU OF INVESTIGATION HAS THE RESOURCES TO DETERMINE THE QUANTITY OF FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g), COMPARED TO THE TOTAL COMPOSITION OF THE MATERIAL, COMPOUND, MIXTURE, OR PREPARATION. (IV) THIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE ONE YEAR AFTER NOTICE TO THE REVISOR OF STATUTES PURSUANT TO SUBSECTION (4)(b)(II) OF THIS SECTION. (5) IF THE CIRCUMSTANCES DESCRIBED IN SECTION 18-18-428 (1)(b) OCCUR, THE PEACE OFFICER SHALL NOT ARREST THE PERSON PURSUANT TO THIS SECTION FOR ANY MINUSCULE, RESIDUAL CONTROLLED SUBSTANCE THAT MAY BE PRESENT IN THE USED HYPODERMIC NEEDLE OR SYRINGE, AND THE DISTRICT ATTORNEY SHALL NOT CHARGE OR PROSECUTE THE PERSON PURSUANT TO THIS SECTION FOR ANY MINUSCULE, RESIDUAL CONTROLLED SUBSTANCE THAT MAY BE PRESENT IN A USED HYPODERMIC NEEDLE OR SYRINGE. THE CIRCUMSTANCES DESCRIBED IN SECTION 18-18-428 (1)(b) MAY BE USED AS A FACTOR IN A PROBABLE CAUSE OR REASONABLE SUSPICION DETERMINATION OF ANY CRIMINAL OFFENSE IF THE ORIGINAL STOP OR SEARCH WAS LAWFUL. (6) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2) OF THIS SECTION, ON OR AFTER MARCH 1, 2020, A DISTRICT ATTORNEY SHALL NOT CHARGE OR PROSECUTE A PERSON PURSUANT TO THIS SECTION FOR ANY MINUSCULE, RESIDUAL, OR UNUSABLE AMOUNT OF A CONTROLLED SUBSTANCE THAT MAY BE PRESENT IN A USED HYPODERMIC NEEDLE OR SYRINGE, OR OTHER DRUG PARAPHERNALIA, AS DEFINED IN SECTION 18-18-426\. THE CIRCUMSTANCES DESCRIBED IN THIS SUBSECTION (4) MAY BE USED AS A FACTOR IN A PROBABLE CAUSE OR REASONABLE SUSPICION DETERMINATION OF ANY CRIMINAL OFFENSE IF THE ORIGINAL STOP OR SEARCH WAS LAWFUL. (7) NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A PERSON MAY BE CHARGED WITH ANY OTHER OFFENSE IN THIS ARTICLE 18, INCLUDING UNLAWFUL DISTRIBUTION, MANUFACTURING, DISPENSING, OR SALE OF A CONTROLLED SUBSTANCE, OR POSSESSION WITH INTENT TO DO THE SAME, PURSUANT TO SECTION 18-18-405, WHEN THERE IS EVIDENCE FOR THE PERSON TO BE SO CHARGED. SUCH EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED TO, THE AMOUNT OF THE CONTROLLED SUBSTANCE THAT THE PERSON POSSESSES. (8) NOTWITHSTANDING SUBSECTION (2) OF THIS SECTION TO THE CONTRARY, A PEACE OFFICER SHALL NOT ARREST AND A DISTRICT ATTORNEY SHALL NOT CHARGE OR PROSECUTE AN EMPLOYEE, AGENT, OR VOLUNTEER OF AN ENTITY DESCRIBED IN SECTION 12-30-110 (1)(a) WHO, IN THE PERFORMANCE OF THE PERSON’S DUTIES, IS IN POSSESSION OF A CONTROLLED SUBSTANCE, INCLUDING FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g), FOR THE PURPOSE OF SAFE DISPOSAL OF THE CONTROLLED SUBSTANCE, INCLUDING FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g), IN ACCORDANCE WITH APPLICABLE LAW. AS USED IN THIS SUBSECTION (6), “SAFE DISPOSAL” MEANS THE PROCEDURE AND PROCESS FOR DEPOSITING THE CONTROLLED SUBSTANCE, INCLUDING FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g), IN A SECURE CONTAINER FOR LAW ENFORCEMENT TO SUBSEQUENTLY ACCESS AND DISPOSE OF. **SECTION 6\. In Colorado Revised Statutes, 18-1.3-103.5, amend (3)(e) as follows:** 18-1.3-103.5\. Felony convictions - vacate and enter conviction on misdemeanor after successful completion. (3) This section applies to convictions for the following offenses: (e) A violation of section 18-18-403.5 (2.5)(a) 18-18-403.5(2.5)(a)(II). **SECTION 7\. In Colorado Revised Statutes, 18-1.3-801, amend (2)(a)(I); and repeal (2)(c) as follows:** 18-1.3-801\. Punishment for habitual criminals. (2)(a)(I) Except as otherwise provided in subsections (2)(b), (2)(c), and (5) of this section, every person convicted in this state of any felony, who has been three times previously convicted, upon charges separately brought and tried, and arising out of separate and distinct criminal episodes, either in this state or elsewhere, of a felony or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a crime which, if committed within this state, would be a felony, shall be adjudged an habitual criminal and shall be punished: (2)(c) The provisions of subsection (2)(a) of this section do not apply to a conviction for a level 4 drug felony committed on or after July 1, 2022, pursuant to section 18-18-403.5 (2.5), or a conviction for a level 4 drug felony committed on or after July 1, 2022, for attempt or conspiracy to commit unlawful possession of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, as described in section 18-18-403.5 (2.5), even if the person has been previously convicted of three or more qualifying felony convictions. **SECTION 8\. Effective Date.** This measure is effective January 1, 2027.