Colorado Ballot Plan to Toughen Fentanyl Penalties Moves Forward

By Marissa Ventrelli | The Denver Gazette

A proposed measure that would increase penalties for fentanyl manufacturing, distribution, and possession has collected enough signatures to qualify for the 2026 ballot, following several failed attempts by the state legislature to pass similar legislation.

Backed by Advance Colorado, the ballot initiative would make the sale of any amount of fentanyl a Class 1 felony, punishable by up to 32 years in prison. It would also mandate court-ordered substance use treatment for individuals convicted of possession of up to one gram of fentanyl.

On Thursday, family members who lost loved ones to fentanyl overdoses joined legislators and law enforcement officers at Denver’s Ralph Carr Courthouse to announce that the initiative had gathered over 200,000 signatures, about 70,000 more than the number of valid signatures required by the Secretary of State.

“Fentanyl is a poison like nothing I’ve seen in my 30-plus years in the criminal justice system,” said District Attorney George Brauchler, who represents the 23rd Judicial District, which includes Douglas, Elbert, and Lincoln Counties. “I’ve seen enough to know we can no longer trust the legislature to do the right thing when it comes to protecting us from fentanyl.”

Fentanyl possession and distribution penalties have long been a contentious issue among lawmakers, stemming from a 2019 law that reduced penalties for possession of up to four grams of the drug from a felony to a misdemeanor.

According to the Colorado Department of Public Health and Environment, fatal fentanyl overdoses more than quadrupled from 2019 to 2022. In response to the rising number of overdose deaths, the General Assembly passed the Fentanyl Accountability and Prevention Act in 2022, which reclassified possession of one to four grams of fentanyl as a level four drug felony. Possession of less than one gram of fentanyl remains a misdemeanor.

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