Politics
Prop. 132 would expand felony charges and mandatory prison terms for fentanyl offenses
Colorado’s Proposition 132 would make possession of any amount of fentanyl a felony and require prison terms of eight to 32 years for distribution. State analysts project the measure would add $68.2 million in annual spending by its fifth year, primarily for incarceration.
Colorado voters will decide on Proposition 132, a measure that would significantly increase criminal penalties for fentanyl possession and distribution as the state grapples with overdose deaths.
A yes vote would make possessing any amount of fentanyl a felony. For possession cases involving less than one gram, the charge could be reduced after a person completes mandatory treatment. The proposal would also require prison sentences of eight to 32 years for distributing any amount of the drug, eliminate some sentencing reductions and restrict judges’ discretion.
Current law generally treats possession of less than one gram as a misdemeanor. Penalties for distribution vary according to the amount involved.
Supporters say tougher penalties could deter drug-related crimes and save lives. Opponents warn that mandatory sentences could make people less willing to seek treatment or report overdoses.
The fiscal impact could be substantial: state analysts estimate Proposition 132 would increase annual spending by $68.2 million by its fifth year, mostly because of higher incarceration costs. The measure would therefore put both public safety policy and the use of state funds before voters.