DENVER (KDVR) — The debate over fentanyl penalties was back at the Colorado Capitol this week.

A bill before a House committee on Wednesday would have made having any amount of fentanyl a felony. If this debate sounds familiar, it is — two years ago, Colorado passed a law to lower the threshold for felony fentanyl possession from 4 grams to 1 gram.

But some say that is still not enough and want a felony charge for having any amount of the deadly drug. The Republican-led bill was sponsored by state Rep. Mike Lynch, of Larimer and Weld counties, and state Sen. Byron Pelton, of the far northeast plains.

Right now, people caught with more than 1 gram of fentanyl can argue that they did not know it was in the drug, but the bill would also eliminate that clause.

Fentanyl penalties in Colorado up for debate

The debate continues about punishing people for having fentanyl versus getting them into treatment programs. Progressives at the Capitol favor treatment, but others say punishment needs to be increased.

Nonetheless, the fentanyl crisis is still having an impact in Colorado, and it is getting worse.

Preliminary data from the state shows 948 people died from fentanyl overdoses last year, an increase from 2022. Federal agents also seized the equivalent of 2.61 million fentanyl pills in Colorado — about 940 pounds worth of the drug that can be deadly in just a few milligrams.

But lawmakers this week rejected tougher laws around fentanyl possession. The bill failed in the House Judiciary committee in an 8-3 vote along party lines.

Matt Mauro

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