DENVER — With a 4-3 vote, a bill that proposed harsher criminal penalties related to fentanyl was postponed indefinitely Monday night inside the Colorado Capitol after a lengthy hearing inside the Senate Judiciary Committee.
Senate Bill 25-044 was introduced on Jan. 8, and its prime sponsors are Sen. Byron Pelton and Rep. Ryan Armagost.
The bill aimed to increase the penalties for people accused of manufacturing, selling or distributing — or possession with intent to do so — anything that contained fentanyl, carfentanil or benzimidazole opiate. If passed, people accused of those crimes will face a Level 1 drug felony.
Level 1 drug felonies require a minimum 8-year prison sentence. Possession would be a Level 4 drug felony.
Currently, a Level 1 drug felony only applies if more than 50 grams of a substance with a synthetic opiate is distributed, manufactured or sold, or if somebody dies in connection with that distribution. Current law also reads that the possession of a synthetic opiate is classified as a Level 4 drug felony if a person has between one and four grams on them.
The bill also set out to remove provisions in the law that could reduce criminal penalties, such as a clause that states that an offender must "knowingly" commit these acts to be charged with a felony.
Supporters say the state needs harsher penalties to better hold drug dealers accountable. Those who testified in support of the bill included those with a law enforcement background, such as former Denver Police Chief Paul Pazen.
Andrea Thomas, a mother who lost one daughter to fentanyl poisoning and now has another struggling with addiction, co-founded the Colorado Coalition for Families Affected by Fentanyl. She testified in support of SB25-044 on Monday.
“We must establish real consequences for those manufacturing and distributing fentanyl,” she said. “We must eliminate sentencing loopholes that allow repeat offenders to continue this destruction.”
Critics say harsher penalties would only add to a harmful cycle of incarceration and make the problem worse. They also pointed to data that shows a similar bill, which passed in 2022, did not change overdose death rates in Colorado.
“While opioid addiction is devastating, harsher sentences have never solved this crisis,” said Geno Shvedov, executive director of the Hazelbrook Community Recovery Center. “We cannot arrest our way out of a public health emergency.”
Part of the consideration to postpone moving the bill forward came from the projected financial impact, accounting for tens of millions of dollars over the next few years.
"The bill increases state expenditures by $1.3 million in FY 2025-26, $4.7 million in FY 2026-27, and by similar amounts ongoing," the bill's fiscal note reads. "These costs will be incurred in the Judicial Department, the Office of the State Public Defender, and the Department of Corrections... Costs are paid from the General Fund."
The bill would increase prison operating costs over five years by about $42.7 million, the fiscal note continues.
Earlier this month, Denver7 tracked the path of fentanyl from around the world to see how it reaches Colorado. Drug addiction experts and law enforcement, including the U.S. Drug Enforcement Administration (DEA), said precursor chemicals for fentanyl are often produced in China, shipped to Mexico and then distributed throughout the United States.
The most common way it arrives in Colorado is by car, said Dr. Rob Valuck with the Center for Prescription Drug Abuse Prevention at the CU School of Pharmacy. Highways are important distribution networks all across the county and in Colorado.
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