Senate Hears Testimony on Bipartisan Bill to Address Fentanyl Crisis, Save Lives in Colorado

HB22-1326 strengthens criminal penalties for fentanyl dealers and increases access to harm reduction tools & treatment to prevent overdose deaths

DENVER, CO - Yesterday, the Senate Judiciary Committee heard testimony on a bill that addresses the fentanyl crisis in Colorado and aims to save lives.

Sponsored by Senator Brittany Pettersen, D-Lakewood, and Senator John Cooke, R-Greeley, HB22-1326 represents a comprehensive approach to address this crisis that includes both proven harm reduction strategies to save lives and enhanced criminal penalties targeting dealers to keep fentanyl off Colorado streets. 

“We are in the third wave of the opioid epidemic and in the worst overdose crisis in the history of this country. Fentanyl is the drug of choice for the cartels because it’s potent, cheap and easy to traffic," Pettersen said. "We need to go after the dealers who are poisoning our communities and provide training and resources to better equip law enforcement to investigate fentanyl poisonings while increasing access to desperately needed treatment and life-saving harm reduction tools. This bill is about saving lives with a comprehensive public health and public safety approach, and will complement the work we’re doing to fix our broken behavioral health system throughout Colorado.”

The bill will strengthen criminal penalties on any individual distributing fentanyl, and integrate mandatory substance use disorder (SUD) assessments and treatment into the state’s sentencing process to ensure people can access treatment and recovery services. 

HB22-1326 focuses on compound fentanyl, which is fentanyl mixed with other drugs or substances. The legislation provides law enforcement with additional tools to go after dealers, while providing treatment options to individuals with a SUD. 

Under the bill, individuals dealing or importing fentanyl will face increased felony charges, and if the defendant has distributed any amount of fentanyl that leads to someone’s death, they can be charged with a level one drug felony and face the drug code’s strongest penalties.

Defendants in possession of any amount of fentanyl compound will be assessed for a substance use disorder and required to complete an education program developed by the Office of Behavioral Health in the Colorado Department of Human Services. Individuals assessed as having a substance use disorder will be ordered to complete a treatment program.

HB22-1326 would make it a felony to knowingly possess more than one gram of fentanyl compound/mixture while creating legal guardrails for individuals who didn’t know they were in possession of fentanyl. Additionally, once Colorado’s labs have the ability to test for the percentage of fentanyl within a compound, this bill adopts a “no tolerance” policy for the possession of pure fentanyl. 

The new felony, which is not prison eligible, would be repealed on June 30, 2025 and includes a “wobbler” provision to allow individuals that complete treatment to have the felony moved down to a misdemeanor on their record. The legislation creates a grant fund for law enforcement agencies to pursue investigations of fentanyl poisonings, and provides additional funding to crisis stabilization centers and detoxification centers.

This crisis also demands a robust public health approach that will reduce harm, expand access to treatment, and prevent overdose deaths. Colorado will save lives by investing in effective public health and substance use prevention and treatment strategies and giving people the tools they need to protect themselves. 

The legislation directs $29 million in federal pandemic relief funds to implement recommendations from the state’s Behavioral Health Transformational Task Force to expand access to proven harm reduction tools like the life-saving opioid antagonist Narcan as well as fentanyl test strips. It will also expand access to medication-assisted treatment (MAT) treatment within the criminal justice system to help folks get the care they need and ultimately help reduce recidivism.

Finally, HB22-1326 directs the Colorado Department of Public Health and Environment to develop, implement and maintain a three-year statewide prevention and education campaign to address fentanyl education needs in the state, including the message that even small amounts of fentanyl can be deadly. The bill will also provide grants to develop and implement community-focused education campaigns on the dangers of fentanyl. 

The Senate Judiciary Committee will consider amendments and vote on HB22-1326 on Thursday, April 28.