Proposition

Initiative 85

On the November 2026 ballot

Proposition 132 (Initiative 85): increasing criminal penalties for fentanyl and certain synthetic opioids

Proposition 132 would make manufacturing, selling or distributing any amount of a material containing fentanyl a level 1 drug felony, punishable by 8 to 32 years in prison. It would also make possession of one gram or less of that material a felony instead of a misdemeanor.

Kim's recommendation

VOTE NO ON FENTANYL SENTENCING

Kim's Reasoning:

This is a tough one and it is complicated. The actual text of the measure is 6 pages long. I am not an expert on drug use nor drug crimes. I see the tragedy of drug addiction and homelessness when I roll up to an intersection or stop light in the metro area and it breaks my heart. From what I can decipher from the ballot question, anyone who is convicted of distributing any amount of fentanyl, would receive a mandatory sentence of 8-32 years of incarceration. I am uncomfortable with this mandatory sentence, therefore my recommendation is to VOTE NO ON FENTANYL SENTENCING.

Kim Monson

Host, The Kim Monson Show · President, Colorado Union of Taxpayers · Colorado Voter's Guide 2026

Certified ballot question

Certified ballot title

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?

A yes vote means

Knowingly and unlawfully manufacturing, dispensing, selling or distributing a mixture containing fentanyl, carfentanil, a benzimidazole opiate or an analog, or possessing it with intent to do so, becomes a level 1 drug felony. The mandatory prison sentence is 8 to 32 years, with at least 12 years when a listed aggravating circumstance applies. Possession cutoffs use the weight of the entire mixture. Unlawful knowing possession of one gram or less generally becomes a level 4 treatment-mandated drug felony; more than one gram through four grams becomes a level 3 drug felony. The separate rule for mixtures with more than 60 percent of the specified opioids remains subject to its laboratory-testing and notification conditions. Existing exceptions for authorized conduct, specified possession involving paraphernalia, and protected safe disposal remain. The measure removes reduced distribution penalties for Good Samaritan overdose reporting and mitigation based on not knowing a substance contained fentanyl, and removes specified fentanyl-possession exemptions from habitual-criminal sentencing. The changes apply beginning January 1, 2027.

A no vote means

Colorado’s current drug-felony classifications, sentencing rules and habitual-criminal provisions remain in effect.

Key facts

Takes effect

January 1, 2027

If voters approve the measure.

Level 1 drug felony

8–32 years

At least 12 years when a listed aggravating circumstance applies.

Estimated state cost

About $0.9 million

Fiscal year 2026–27; about $8.9 million in 2027–28 and $68.2 million a year by year five, according to the 2026 Blue Book. These General Fund estimates cover courts, public defenders and prisons; additional prison capacity may also be needed.

Expiration

The measure sets no expiration date for the drug-felony grades or the sentences. It sets an effective date only: "SECTION 8. Effective Date. This measure is effective January 1, 2027." One subsection repeals itself: the subsection carrying the notice requirement for the level 2 possession offense is repealed one year after the Colorado Bureau of Investigation's notice reaches the revisor of statutes.

Effect on TABOR refunds

The measure sets no tax and no fee. It raises state revenue because the fiscal impact statement expects a felony conviction to carry higher fines and fees than the misdemeanor conviction it replaces, and Colorado refunds revenue collected above the constitutional limit on state revenue. The fiscal impact statement estimates the increase at $19,516 in FY 2026-27 and $71,142 in FY 2027-28, and Table 1 shows the same amounts as the change in TABOR refunds. The statement says "All revenue collected from criminal fines and fees are deposited into various cash funds and the General Fund, and are subject to TABOR." It also says "A forecast of state revenue subject to TABOR is not available beyond FY 2026-27."

Estimated state spending

The August 11, 2025 fiscal impact statement estimated $856,770 in state spending in FY 2026-27 and $4,916,953 in FY 2027-28, all from the General Fund, with prison and parole operating costs of $44.6 million over the five years beginning in FY 2026-27. The 2026 Blue Book's later estimate is $0.9 million in the first budget year and $8.9 million in the second, with total state spending estimated to increase by $68.2 million by year five.

The measure01

Proposition 132 would make selling any amount of fentanyl a level 1 drug felony

Proposition 132 would rewrite two sections of Colorado's drug laws and amend four more. The certified text repeals and reenacts section 18-18-405, on unlawful distribution, manufacturing, dispensing or sale, and section 18-18-403.5, on unlawful possession of a controlled substance. Under the reenacted distribution section, a person who knowingly manufactures, dispenses, sells or distributes a controlled substance, or possesses it with intent to do any of those, "COMMITS A LEVEL 1 DRUG FELONY AND IS SUBJECT TO THE MANDATORY SENTENCING PROVISIONS" where the violation involves a material of "ANY AMOUNT AND CONTAINS FENTANYL, CARFENTANIL, BENZIMIDAZOLE OPIATE, OR AN ANALOG THEREOF". Colorado grades drug felonies from level 1 to level 4. Level 1 is the highest grade: the fiscal impact statement calls a move to it a reclassification "to a higher penalty level". A no vote leaves current law unchanged.

Proposition 132 qualified for the ballot by petition. Proponents submitted the petition on November 20, 2025, and the Secretary of State found it sufficient on December 15. Suzanne Taheri and Michael Fields are the measure’s designated representatives.

The memorandum asked "What is the intent in repealing and reenacting the sections rather than amending the specific provisions that are being changed in the sections? At the May 9, 2025 review and comment hearing, a designated representative answered that it was so that "if the legislature acts in between," "what the voters pass will be the final law."" The reviewers also found that "the proposed initiative contains citations to provisions that would no longer exist under this proposed initiative. At the hearing, a designated representative said of those citations, "We've made those changes," for the version the proponents would submit." Some were repaired: the filed text pointed the level 3 selling offense at a subsection (8) the measure does not create, and the certified text points it at subsection (4). One citation of that kind stands. Section 6 amends the statute on vacating a felony conviction so that it applies to "A violation of section 18-18-403.5(2.5)(a)(II)", and the version of section 18-18-403.5 the measure enacts has no subsection (2.5).

Who placed it on the ballot

Proposition 132 qualified for the ballot through the petition process. The review and comment memorandum of May 6, 2025, from Legislative Council Staff and the Office of Legislative Legal Services, is addressed to Suzanne Taheri and Michael Fields as the measure's designated representatives. It also records that the same designated representatives submitted the earlier proposed initiatives 2025-2026 #30 and #31 and 2025-2026 #62 and #63. The Title Board set the titles at its hearing of May 21, 2025, the record reading "Single subject approved; titles set (3-0)." and naming the three members as "Board members: Theresa Conley, Jennifer Sullivan, Jeremiah Barry".

The committees' organization money by source

Coloradans for Real Safety Solutions reports $518,022.57 from organizations in 8 filings. The largest: ACLU of Colorado $200,539.78 in 2 filings; Signal Behavioral Health Network $134,500 in 2 filings; Colorado Criminal Justice Reform Coalition $132,982.79 in 2 filings.

Vote Common Sense reports $395,000 from organizations in 9 filings. The largest: Green Advocacy Project $200,000; Coloradans for Real Safety Solutions $50,000; Colorado Immigrant Rights Coalition Action Fund $50,000. Because its registration covers several measures, none of these amounts can be attributed to Proposition 132 alone.

The filings record no organization contributions to Eagle County Republican Women Club. Contributions from individuals are outside this view.

Brighter Colorado reports $295,000 from organizations in 3 filings. The largest: Common Sense America $250,000; Rado Capital $25,000; Advance Colorado $20,000. Because its registration covers several measures, none of these amounts can be attributed to Proposition 132 alone.

The People's No reports $100,000 from organizations in one filing. The largest: COLOR Action Fund $100,000. Because its registration covers several measures, none of these amounts can be attributed to Proposition 132 alone.

The filings record no organization contributions to People for a Fair Colorado. Contributions from individuals are outside this view.

TRACER filing, October 3, 2026.

The legislative reviewers' questions about the drafting

The measure repeals and reenacts sections 18-18-405 and 18-18-403.5 instead of amending the provisions it changes. The reviewers asked "What is the intent in repealing and reenacting the sections rather than amending the specific provisions that are being changed in the sections?"

Repealing and reenacting the two sections renumbered subsections without conforming amendments, and the reviewers found that "the proposed initiative contains citations to provisions that would no longer exist under this proposed initiative". They wrote: "The proponents must make conforming amendments, as appropriate."

Section 18-18-405 (2)(c) and (2)(d) of the proposed initiative cited a section 18-18-405 (8) that the proposed initiative does not create.

Section 18-18-403.5 (2)(b) of the proposed initiative cited a section 18-18-403.5 (2)(c) that the proposed initiative does not create.

Section 18-18-403.5 (4) of the proposed initiative cited a section 18-18-403.5 (2.7) that the proposed initiative does not create.

At the May 9, 2025 hearing, the proponents said of these citations, "We've made those changes," for the version they would submit.

Review and comment memorandum, May 6, 2025, Substantive Comments and Questions, items 2 and 3. The memorandum reviews the version submitted for review and comment, which precedes the certified text.

The money02

The fiscal impact statement estimates $856,770 in the first year and $4.9 million in the second

The Legislative Council Staff fiscal impact statement of August 11, 2025, prepared for the version approved for petition circulation, says "The measure increases state expenditures by $857,000 in FY 2026-27, $4.9 million in FY 2027-28, and by similar amounts ongoing". Table 2C carries prison and parole operating costs past those two years, at $44,579,457 over the five years beginning in FY 2026-27, with the average daily prison population rising from 151.36 in FY 2027-28 to 842.82 in FY 2030-31. That total is the one Table 2C prints.

The statement counts an average of 143 convictions a year for the level 2 distribution offense and 154 for the level 3 offense, both of which the measure moves to level 1. The largest group is the one it moves from a misdemeanor to a felony: "An average of 716 individuals per year (1,431 total) have been convicted and sentenced for possession of less than a gram of a substance with an opiate offense". It expects an average of 470 cases a year to move from Denver County Court to the state-funded district court. For the counties, it says: "By reclassifying crimes to a higher penalty level, the measure will increase workload and costs for district attorneys to prosecute these cases". On the cost of the treatment the measure would order, the fiscal summary of May 20, 2025 says "it is unknown how many more additional individuals will be required to pursue drug treatment due to the measure."

The two Legislative Council Staff documents differ on second-year revenue. The fiscal summary of May 20, 2025, which "contains a preliminary assessment of the measure's fiscal impact", put the increase at $123,000 in FY 2027-28; the August 11 statement shows $71,142.

Because the registration of The People’s No covers four measures, its totals cannot be attributed to Proposition 132 alone.

Because Brighter Colorado’s registration covers eight measures, the six it supports and the two it opposes, its totals cannot be attributed to Proposition 132 alone.

Because Vote Common Sense’s registration covers nine measures, its totals cannot be attributed to Proposition 132 alone.

Prison construction

The fiscal impact statement's tables cover operating costs. The statement separately says $150 million in capital construction would be required to add prison beds in line with the increase in prison population it estimates.

Estimated prison and parole operating costs, 2027-28 through 2030-31 Caption: The five-year estimate begins in 2026-27, with no prison or parole operating cost estimated for that first year. The fiscal impact statement gives a five-year total of $44,579,457. Parole costs decrease as prison costs increase.

Fiscal yearTotal cost

FY 2027-28

$3,627,939

FY 2028-29

$8,164,820

FY 2029-30

$13,140,721

FY 2030-31

$19,645,977

Legislative Council Staff fiscal impact statement, August 11, 2025, Table 2C. The parole figures are reductions.

The figures and the dates

Takes effectJanuary 1, 2027, if approvedcertified text, section 8, and the fiscal impact statement, Effective Date

Petition submittedNovember 20, 2025Secretary of State's initiative filing record

Statement of sufficiencyDecember 15, 2025Secretary of State's initiative filing record

State expenditures$856,770 in FY 2026-27 and $4,916,953 in FY 2027-28, all from the General Fundfiscal impact statement, Tables 1 and 1B

State revenue$19,516 in FY 2026-27 and $71,142 in FY 2027-28, all from criminal fines and feesfiscal impact statement, Tables 1 and 1A

Change in TABOR refunds$19,516 and $71,142, the same amounts as the revenue, because criminal fines and fees are subject to the constitutional limit on state revenuefiscal impact statement, Table 1, and the State Revenue section

New state staff6.0 FTE in FY 2026-27 and 11.7 FTE in FY 2027-28fiscal impact statement, Table 1

Prison and parole operating cost over five years$46,814,247 in prison cost against $2,234,791 in parole reductions, for $44,579,457, as Table 2C prints them (its four parole rows add to $2,234,790)fiscal impact statement, Table 2C

Figures from the Legislative Council Staff fiscal impact statement of August 11, 2025. Petition dates from the Secretary of State's record of initiative filings.

The prison construction figure the fiscal impact statement raises separately

The statement says capital construction costs of $150 million would be required to increase prison bed space in line with the increase in prison population it estimates.

The five-year table covers operating costs and does not include this figure.

Whether beds are added is a decision for the General Assembly. The statement says: "If the General Assembly determines that additional prison bed space is needed, this measure should include a transfer of General Fund to the Capital Construction Fund, to be reappropriated to the Corrections Expansion Reserve Fund."

The statement raises the figure because Section 2-2-703, C.R.S., requires the General Assembly to consider increased capital construction costs for the Department of Corrections to house additional inmates.

Legislative Council Staff fiscal impact statement, August 11, 2025, DOC Capital Construction Costs.

Annual average convictions in the offenses Proposition 132 reclassifies, FY 2022-23 to FY 2023-24

Offense	Convictions a year, on average	Two-year total
Distribution, manufacture, dispensing or sale, level 2 drug felony offense	143	286
Distribution, manufacture, dispensing or sale, level 3 drug felony offense	154	307
Distribution, manufacture, dispensing or sale of more than 50 grams, level 1 drug felony offense	40	81
Possession of less than a gram of a substance with a synthetic opiate	716	1,431
Possession of 1 to 4 grams of a substance with a synthetic opiate	247	494
Possession of 1 to 4 grams where the defendant did not know the substance contained a synthetic opiate	28	56

The statement says only two years of data are available because the offense was recently reclassified, and it estimates sentencing outcomes from these averages.

Convictions and sentences recorded in the Comparable Crime Analysis of the Legislative Council Staff fiscal impact statement of August 11, 2025.

Measure provisions03

Fentanyl distribution would be a level 1 felony at any weight

The provision that sets the level 1 grade by quantity lists four materials. Three carry a weight threshold: more than two hundred twenty-five grams of a material containing a schedule I or schedule II controlled substance, more than one hundred twelve grams containing methamphetamine, heroin, ketamine or cathinones, and more than fifty milligrams containing flunitrazepam. The fourth is any amount of a material containing fentanyl, carfentanil, benzimidazole opiate or an analog.

The reenacted possession section grades possession by weight from January 1, 2027. A material "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" is a level 3 drug felony. A material weighing not more than one gram is a level 4 treatment-mandated drug felony, a term the measure adds: a level 4 drug felony "ELIGIBLE TO BE VACATED FOLLOWING SUCCESSFUL COMPLETION OF COURT-ORDERED TREATMENT FOR DRUG REHABILITATION". What is weighed is the whole material containing any quantity of the substance, not the substance itself. A third grade depends on laboratory capability: possessing a material in which those substances are more than sixty percent of the total is a level 2 drug felony, and it takes effect at 12:01 a.m. thirty days after the date named in the Colorado Bureau of Investigation's notice to the revisor of statutes that it can measure that share, or on the date of the notice if the notice names no other date.

Drug-felony classifications

Manufacturing, dispensing, selling or distributing a material containing any amount of the substance, possessing it with intent to do any of those, or inducing or conspiring to do them	Level 1 drug felony	On the measure's effective date
The same violation where it is the proximate cause of another person's death from using or consuming the material	Level 1 drug felony, except as provided in section 18-1-711 (3)(i)	On the measure's effective date
Possessing a material that weighs more than one gram and not more than four grams and contains any quantity of the substance	Level 3 drug felony	Beginning January 1, 2027
Possessing a material that weighs not more than one gram and contains any quantity of the substance	Level 4 treatment-mandated drug felony, and the defendant is eligible for court-ordered treatment for drug rehabilitation	Beginning January 1, 2027
Possessing a material in which the substance is more than sixty percent of the total composition	Level 2 drug felony	At 12:01 a.m. thirty days after the date named in the Colorado Bureau of Investigation's notice to the revisor of statutes that it can measure that share, or on the date of the notice if it names no other date

The drug-felony grades the certified text sets for conduct involving fentanyl, carfentanil, benzimidazole opiate and analogs of them, the quantity that carries each grade, and the date or condition on which each applies. Text of Proposition 132 (Initiative 85), §§18-18-405 and 18-18-403.5.

The dates and conditions on which each part of Proposition 132 starts

January 1, 2027The measure takes effect.

January 1, 2027The possession levels the measure sets begin. The certified text applies them to possession on or after that date.

After CBI noticeThe level 2 offense for a material in which fentanyl, carfentanil, benzimidazole opiate or an analog is more than sixty percent of the total composition begins at 12:01 a.m. thirty days after the date named in the Colorado Bureau of Investigation's notice to the revisor of statutes that it has the resources to measure that share, or on the date of the notice if it names no other date.

One year after the noticeThe subsection carrying that notice requirement repeals itself.

The certified text sets a condition for the sixty percent offense instead of a date.

Dates and conditions from the certified text of Initiative 85, sections 5 and 8, and the Effective Date section of the Legislative Council Staff fiscal impact statement of August 11, 2025.

The sentence for a level 1 drug felony is eight to thirty-two years

The measure amends section 18-1.3-401.5 (7), which then reads that "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 next sentence raises the floor to at least twelve years where one or more of the aggravating circumstances in subsection (10)(a) of that section or in section 18-18-407 (1) is present, and leaves the ceiling at thirty-two years. The measure strikes the exception that opens the subsection in current law, which referred to section 18-18-405 (2)(a)(III)(B).

Prison sentences for level 1 drug felonies

Convicted of a level 1 drug felony	At least eight years and not more than thirty-two years in the department of corrections
Convicted of a level 1 drug felony with one or more aggravating circumstances under section 18-1.3-401.5 (10)(a) or section 18-18-407 (1)	At least twelve years and not more than thirty-two years in the department of corrections
Either case	The court may impose a fine in addition to imprisonment

The term of incarceration the certified text sets for a level 1 drug felony, and the term it sets where an aggravating circumstance is present. Text of Proposition 132 (Initiative 85), §18-1.3-401.5(7).

Terms in the measure and the fiscal impact statement

Level 1 drug felonyThe highest of Colorado's four drug-felony levels, carrying a sentence of at least eight years and not more than thirty-two years in the department of corrections.

Level 4 treatment-mandated drug felonyA level the measure creates, which its own definitions section describes as "A LEVEL 4 DRUG FELONY THAT IS ELIGIBLE TO BE VACATED FOLLOWING SUCCESSFUL COMPLETION OF COURT-ORDERED TREATMENT FOR DRUG REHABILITATION".

Habitual criminalA sentencing provision that raises the punishment for a person convicted of a felony who has three previous felony convictions from charges separately brought and tried, and which the measure restores for possession of a synthetic opiate.

Special offenderA person who commits a drug felony under one or more of the aggravating circumstances section 18-18-407 (1) lists, and who under that section "commits a level 1 drug felony and is a special offender".

Average daily populationThe number of people in prison on an average day, which is how the fiscal impact statement states the measure's effect on the prison population in Table 2C.

Statement of sufficiencyThe Secretary of State's finding that a petition carries enough valid signatures to put the measure on the ballot, dated December 15, 2025 for Initiative 85.

Definitions drawn from the certified text of Initiative 85, the Legislative Council Staff fiscal impact statement of August 11, 2025, and the Secretary of State's record of initiative filings.

The mandatory sentence and the treatment provision, in the measure's own words

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

Certified text of Initiative 85, section 3, amending section 18-1.3-401.5 (7)

“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

Certified text of Initiative 85, section 1, adding section 18-18-102 (35.5)

Both passages are quoted from the certified text of Initiative 85 as filed with the Secretary of State.

The measure's provisions on deaths and overdose reports

The reenacted distribution section makes it a level 1 drug felony where the actions violating the any-amount fentanyl provision "ARE THE PROXIMATE CAUSE OF THE DEATH OF ANOTHER PERSON WHO USED OR CONSUMED THE MATERIAL" containing the substance. That provision opens "EXCEPT AS PROVIDED IN SECTION 18-1-711 (3)(i)".

The fiscal impact statement records a change that lowers a sentencing floor. It says that under current law a defendant convicted of a level 1 distribution felony who caused a death "must be sentenced to 12 to 32 years", and that "The measure removes this aggravating circumstance." It adds that "The measure also removes the immunity from criminal prosecution for the proximate cause of death if the individual reports the overdose to authorities."

The reenacted section keeps a reduction to a level 1 drug misdemeanor for a defendant who reports an overdose and remains at the scene. It applies to violations of subsections (2)(c)(I), (2)(c)(II) and (2)(d), and the any-amount fentanyl provision, subsection (2)(a)(I)(D), is not among them.

The measure would restore habitual-criminal sentencing for the covered level 4 drug felonies. Its treatment provisions contain a separate conflict.

The fiscal impact statement says the measure removes the possibility of vacating a felony for possession of a synthetic opiate. But the measure defines a level 4 treatment-mandated drug felony as eligible to be vacated after successful court-ordered treatment. Section 6 refers to section 18-18-403.5(2.5)(a)(II), although the possession section the measure would enact has no subsection (2.5). That broken reference leaves uncertainty about which possession convictions would qualify to be vacated.

Drug-felony levels in current law and under Proposition 132

Offense	Level in current law	Level under Proposition 132
Distributing, manufacturing, dispensing or selling a material containing any amount of fentanyl, carfentanil, benzimidazole opiate or an analog of them	Level 1 drug felony above 50 grams, level 2 drug felony from 4 to 50 grams, level 3 drug felony below 4 grams	Level 1 drug felony at any amount
Distributing 4 to 50 grams	Level 2 drug felony	Level 1 drug felony
Distributing less than 4 grams	Level 3 drug felony	Level 1 drug felony
Possessing more than one gram and not more than four grams	Level 4 drug felony	Level 3 drug felony
Possessing not more than one gram	Level 1 drug misdemeanor	Level 4 treatment-mandated drug felony
Possessing a material in which those substances are more than sixty percent of the total composition	Current law grades possession of these substances by weight, as in the rows above	Level 2 drug felony, beginning at 12:01 a.m. thirty days after the date named in the Colorado Bureau of Investigation's notice to the revisor of statutes that it can measure that share, or on the date of the notice if it names no other date

The weights are the weight of the material that contains the substance, not the weight of the substance itself. Every row except the last takes effect January 1, 2027.

Levels in current law from the Summary of Legislation in the Legislative Council Staff fiscal impact statement of August 11, 2025. Levels under the measure from the certified text, sections 18-18-405 (2)(a)(I)(D) and 18-18-403.5 (3)(a)(I), (3)(a)(II) and (4)(a).

Campaign support and opposition04

For

Eagle County Republican Women ClubContributions $0 · Expenditures $0
Brighter ColoradoContributions $2,612,150 · Expenditures $2,587,741

Against

Coloradans for Real Safety SolutionsContributions $1,114,415 · Expenditures $1,027,265
Vote Common SenseContributions $646,500 · Expenditures $92,470
The People's NoContributions $200,000 · Expenditures $200,000
People for a Fair ColoradoContributions $0 · Expenditures $0

TRACER filing, October 7, 2026

From the show05

Show coverage

September 9, 2026Proposition 137 Would Send $83.1 Million to Great Outdoors Colorado and $40 Million On to Parks and WildlifeListen from 21:32

September 18, 2026Amendment 81, Propositions 132 and 133, and the Role of Lobbyists in ColoradoListen to the episode

The Kim Monson Show

Newsroom coverage

September 18, 2026Proposition 132 would make any fentanyl distribution a level 1 drug felonyRead the article

The Kim Monson Newsroom, kimmonson.com

Sources06

Official documents

Text of Initiative 85

Fiscal impact statement (August 11, 2025)

Fiscal summary (May 20, 2025)

Review and comment memorandum (May 6, 2025)

Title Board results (hearing of May 21, 2025)

Further reading

Official documents

2026 State Ballot Information BookletColorado Legislative Council · Sep 24, 2026
The Colorado Legislative Council's 2026 ballot information booklet entry for Proposition 132 explains that it would make possession of any amount of fentanyl a felony, require 8 to 32 years in prison for distributing any amount, limit judges' discretion, and raise state spending to an estimated $68.2 million by year five.
Ballot analysis (Legislative Council)Legislative Council
The Colorado General Assembly's 2026 ballot analysis landing page for Proposition 132, 'Increase Penalties for Fentanyl Crimes', listing research staff, draft deadlines and analysis files but not the analysis text itself.
Initial fiscal impact abstract (Legislative Council)Legislative Council
Legislative Council Staff's May 20, 2025 fiscal summary of Initiative 85 (penalties for fentanyl crimes), giving preliminary state revenue, expenditure, local and economic impacts.
Fiscal summary (Legislative Council)Legislative Council
Legislative Council Staff's August 11, 2025 fiscal impact statement for Initiative 85 (the fentanyl penalties measure), estimating state revenue, expenditures and local impacts of raising synthetic-opiate penalties.
Review and comment memo (Legislative Council and Legal Services)Legislative Council and Legal Services
The May 6, 2025 review and comment memorandum from Legislative Council Staff and the Office of Legislative Legal Services on proposed initiative #85, concerning penalties for fentanyl crimes, setting out its purposes and drafting questions.
Text of the measure as filedColorado General Assembly
The filed text of 2025-2026 Initiative #85, 'Penalties for Fentanyl Crimes', received by Legislative Council Staff on April 25, 2025, which reclassifies fentanyl distribution and possession offenses to higher felony levels.

Show 3 more

Title Board record (Secretary of State)Secretary of State
The Secretary of State's Title Board results page for Proposed Initiative #85, giving the title and ballot title set at the May 21, 2025 hearing for the fentanyl and synthetic opioid penalties measure.
Final text as filed (Secretary of State)Secretary of State
The source is the final filed text of Initiative 2025-2026 #85 (received May 9, 2025), a statutory measure that makes distribution of any amount of fentanyl or its analogs a level 1 drug felony and raises penalties for fentanyl possession effective January 1, 2027.
Review and comment hearing recording (Legislative Council and Legal Services)Colorado General Assembly · May 9, 2025
Video of the May 9, 2025 public review and comment hearing on Initiative 85, where the proponents answered the reviewers' questions.

News coverage

GUEST OPINION: Amid fentanyl epidemic, Prop. 132 will save livesThe Denver Gazette · Sep 18, 2026 · limited free access
A September 2026 Denver Gazette guest opinion by former U.S. Rep.
Fentanyl sentencing, tax overhauls, transgender issues anchor Colorado’s 14 ballot measuresColorado Politics · Sep 3, 2026
A September 3, 2026 Colorado Politics news rundown of the 14 statewide ballot measures that leads with Initiative No. 85 (penalties for fentanyl crimes), describing what it would do and quoting proponents and opponents.
Colorado ballot measure for tougher fentanyl penalties moves forwardColorado Politics · Nov 20, 2025
A November 20, 2025 Colorado Politics news story reporting that the Advance Colorado fentanyl penalties initiative had gathered more than 200,000 signatures for the 2026 ballot, with what it would do and views from supporters and opponents.

Campaigns and committees

Brighter ColoradoColorado Secretary of State · Jul 6, 2026
Coloradans for Real Safety SolutionsColorado Secretary of State · Jan 5, 2026
The TRACER page for Coloradans for Real Safety Solutions, an issue committee formed to oppose Initiative #85 (Proposition 132), reports $1,089,200 in monetary contributions plus $8,692.07 in non-monetary contributions (together $1,097,892) and $698,028.38 in expenditures as of the September 21.
Eagle County Republican Women ClubColorado Secretary of State
Vote Common SenseColorado Secretary of State
The TRACER page for the Vote Common Sense issue committee lists measure 132 among the measures it was formed to oppose and reports $495,000 in contributions and $81,367 in expenditures as of the September 21, 2026 report.
The People's NoColorado Secretary of State
The TRACER page for The People's No, an issue committee formed to defeat ballot measures 85, 95, 109 and 110 (85 being Initiative #85, Proposition 132), reports $100,000 in contributions and $0 in expenditures as of the September 21, 2026 report.
People for a Fair ColoradoColorado Secretary of State

Text of the measure

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; (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) 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 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), 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)(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), 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) SECTION 8. Effective Date. This measure is effective January 1, 2027.

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;

(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) 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 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), 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)(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), 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) SECTION 8. Effective Date. This measure is effective January 1, 2027.