By Thelma Grimes | Colorado Politics
Arguing the status quo has failed to curb overdose deaths in Colorado, a Republican legislator is pushing for legislation to make it a felony for possessing any amount of fentanyl.
In response the overdose crisis, state policymakers in 2022 approved legislation to heighten the felony charges for possession of 1 to 4 grams of any substance containing fentanyl. The criminal penalty increase above 4 grams, an under 1 gram, possession is a misdemeanor.
In addition, the law allows defendants charged with the new felony to argue to a judge or jury that they didn’t know they possessed fentanyl, and if a “finder of fact” determines the defendant made a reasonable mistake of fact, the offense becomes a Level 1 drug misdemeanor.