ColoradoSynthetic Opiates Criminal Penalties
What it does
The bill makes it a level 1 drug felony if a person manufactures, dispenses, sells, or distributes, or possesses with intent to do the same, (manufactures or distributes) any material, compound, mixture, or preparation that contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof (qualifying controlled substance). Because manufacture or distribution of any amount of a qualifying controlled substance is a level 1 drug felony under the bill, the bill repeals penalty level provisions involving manufacture or distribution of a qualifying controlled substance that are weight- or circumstance-dependent, and related immunity and sentencing requirements. Effective July 1, 2025, the bill makes the possession of a qualifying controlled substance a level 4 drug felony.
More detail
The bill repeals the following provisions of law related to the penalties for possessing a qualifying controlled substance:
A provision that reduces the penalty if the fact finder in the case finds that the possessor made a reasonable mistake of fact and did not know that the material, compound, mixture, or preparation contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; and A provision that requires a court to vacate the drug felony conviction and enter a conviction for a level 1 drug misdemeanor upon the defendant's successful completion of a community-based sentence to probation or to a community corrections program.(Note: This summary applies to this bill as introduced.)
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Feb 10Senate Committee on Judiciary Postpone IndefinitelyLatest
- Jan 8Introduced In Senate - Assigned to JudiciaryIntroduced