Colorado Tightens Fentanyl Penalties
Voters approved Proposition 132, increasing prison terms for synthetic opiate offenses and adding millions to state correction costs.
By Katherine Brooks ·
Colorado voters have chosen to replace lighter sentences with mandatory prison terms for fentanyl offenses. The Associated Press called Proposition 132 a winner at 9:51 a.m. Friday, with 52.7% of counted votes in favor and 47.3% opposed. The measure, which takes effect in 2027, raises the stakes for the state's most potent opioid.
Under the new law, manufacturing, distributing, or selling fentanyl, carfentanil, or benzimidazole opiates becomes a Level 1 drug felony. That classification carries a prison sentence of eight to 32 years. Possessing between one and four grams of a substance containing these synthetic opiates becomes a Level 3 drug felony, punishable by up to four years. Possession of up to one gram becomes a new Level 4 treatment-mandated drug felony, allowing for up to one year in prison. Offenders who complete court-ordered treatment may see their charge reduced to a misdemeanor.
State law currently permits probation and treatment for many small-amount possession cases without an intent to distribute. The new measure removes those options for many offenders, a shift that analysts say will increase the prison population. Nonpartisan legislative analysts estimate the measure will require $7.5 million in additional spending for the Colorado Department of Corrections in its first full year. Over five years, that cost rises to approximately $142 million. The judicial system will need nearly $1.4 million more in the first year to hire additional staff and public defenders.
These figures do not include the potential cost of reopening a prison if the state exhausts current space. That problem exists now, and building a new facility could add up to $400 million to the total cost, according to the same nonpartisan estimates. The increase follows years of debate over how to handle the opioid crisis, particularly the spread of fentanyl, which has been linked to roughly 1,000 annual overdose deaths in Colorado since 2021.
The measure was advanced by Advance Colorado, a conservative nonprofit that does not disclose its donors. Common Sense America, another conservative group, spent heavily on signature gathering. Brighter Colorado, an issue committee that supported Proposition 132, raised about $6.1 million, most of it from conservative groups with undisclosed donors. Coloradans for Real Safety Solutions opposed the measure, raising about $1.1 million. Major donors to the opposition included Lynn Schusterman, the ACLU of Colorado, and the Colorado Criminal Justice Reform Coalition.
Governor-elect Phil Weiser and state Democratic legislators said they are already discussing how to adjust Proposition 132 and other ballot measures. The state faces a complex transition as it moves from a treatment-focused approach to one that prioritizes incarceration for synthetic opiate cases.
