Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that increases penalties for distribution and manufacturing of fentanyl.

Highlights:

• Classifies the unlawful possession of any material, compound, mixture, or preparation that weighs more than 4 grams and contains any amount of fentanyl, carfentanil, or an analog thereof as a level 4 drug felony, (Pg. 2, Sec. 2).

• Specifies a penalty of 2 years probation and/or 180 days in county jail for first and second offense, and 364 days in county jail for third and subsequent  beginning July 1, 2022 (Pg. 15, Sec. 6).

• Exempts employees, agents, or volunteers of certain agencies who are in possession of the fentanyl or carfentanil or materials and compounds thereof for safe disposal purposes from the aforementioned unlawful possession felony (Pg. 2, Sec. 2).

• Classifies distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation containing fentanyl, carfentanil, or an analogy thereof as the following drug felonies (Pg. 2, Sec. 2):

• Level 1 drug felony if it weighs more than 50 grams;

• Level 2 drug felony if it weighs more than 4 grams, but not more than 50 grams; and

• A level 3 drug felony if it weighs no more than 4 grams.

• Classifies the distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation containing fentanyl, carfentanil, or an analogy thereof causing an individual to die as a proximate cause of having used or consumed it as a level 1 drug felony (Pg. 2, Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that increases penalties for distribution and manufacturing of fentanyl.

Highlights:

• Classifies the unlawful possession of any material, compound, mixture, or preparation that weighs more than 4 grams and contains any amount of fentanyl, carfentanil, or an analog thereof as a level 4 drug felony, (Pg. 2, Sec. 2).

• Specifies a penalty of 2 years probation and/or 180 days in county jail for first and second offense, and 364 days in county jail for third and subsequent  beginning July 1, 2022 (Pg. 15, Sec. 6).

• Exempts employees, agents, or volunteers of certain agencies who are in possession of the fentanyl or carfentanil or materials and compounds thereof for safe disposal purposes from the aforementioned unlawful possession felony (Pg. 2, Sec. 2).

• Classifies distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation containing fentanyl, carfentanil, or an analogy thereof as the following drug felonies (Pg. 2, Sec. 2):

• Level 1 drug felony if it weighs more than 50 grams;

• Level 2 drug felony if it weighs more than 4 grams, but not more than 50 grams; and

• A level 3 drug felony if it weighs no more than 4 grams.

• Classifies the distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation containing fentanyl, carfentanil, or an analogy thereof causing an individual to die as a proximate cause of having used or consumed it as a level 1 drug felony (Pg. 2, Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that increases penalties for distribution and manufacturing of fentanyl.

Highlights:

• Classifies the unlawful possession of any material, compound, mixture, or preparation that weighs more than 4 grams and contains any amount of fentanyl, carfentanil, or an analog thereof as a level 4 drug felony, (Pg. 2, Sec. 2).

• Specifies a penalty of 2 years probation and/or 180 days in county jail for first and second offense, and 364 days in county jail for third and subsequent  beginning July 1, 2022 (Pg. 15, Sec. 6).

• Exempts employees, agents, or volunteers of certain agencies who are in possession of the fentanyl or carfentanil or materials and compounds thereof for safe disposal purposes from the aforementioned unlawful possession felony (Pg. 2, Sec. 2).

• Classifies distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation containing fentanyl, carfentanil, or an analogy thereof as the following drug felonies (Pg. 2, Sec. 2):

• Level 1 drug felony if it weighs more than 50 grams;

• Level 2 drug felony if it weighs more than 4 grams, but not more than 50 grams; and

• A level 3 drug felony if it weighs no more than 4 grams.

• Classifies the distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation containing fentanyl, carfentanil, or an analogy thereof causing an individual to die as a proximate cause of having used or consumed it as a level 1 drug felony (Pg. 2, Sec. 2).

Full Bill Text