summary
Introduced
01/08/2025
01/08/2025
In Committee
01/08/2025
01/08/2025
Crossed Over
Passed
Dead
02/10/2025
02/10/2025
Introduced Session
Potential new amendment
2025 Regular Session
Bill Summary
The bill makes it a level 1 drug felony if a person manufactures, dispenses, sells, or distributes, or possesses with intent to do the same, (manufactures or distributes) any material, compound, mixture, or preparation that contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof (qualifying controlled substance). Because manufacture or distribution of any amount of a qualifying controlled substance is a level 1 drug felony under the bill, the bill repeals penalty level provisions involving manufacture or distribution of a qualifying controlled substance that are weight- or circumstance-dependent, and related immunity and sentencing requirements. Effective July 1, 2025, the bill makes the possession of a qualifying controlled substance a level 4 drug felony. The bill repeals the following provisions of law related to the penalties for possessing a qualifying controlled substance: ! A provision that reduces the penalty if the fact finder in the case finds that the possessor made a reasonable mistake of fact and did not know that the material, compound, mixture, or preparation contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; and ! A provision that requires a court to vacate the drug felony conviction and enter a conviction for a level 1 drug misdemeanor upon the defendant's successful completion of a community-based sentence to probation or to a community corrections program.
AI Summary
This bill significantly changes Colorado's criminal penalties related to synthetic opiates, particularly fentanyl and its analogs, by making the manufacture, distribution, sale, or possession of these substances a more serious criminal offense. Specifically, the bill makes manufacturing or distributing any amount of fentanyl, carfentanil, benzimidazole opiate, or their analogs a level 1 drug felony, removing previous weight-based penalty distinctions. Effective July 1, 2025, the bill also establishes that possession of these substances will be a level 4 drug felony, regardless of the amount. The legislation repeals previous provisions that allowed for reduced penalties if a defendant could prove they did not know the substance contained these synthetic opiates, and removes the ability to vacate a drug felony conviction and replace it with a misdemeanor upon successful completion of a community-based sentence. These changes represent a more stringent approach to addressing the dangers of synthetic opiates, with the stated intent of preserving public health and safety by imposing harsher criminal penalties for these substances.
Committee Categories
Justice
Sponsors (2)
Last Action
Senate Committee on Judiciary Postpone Indefinitely (on 02/10/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://leg.colorado.gov/bills/sb25-044 |
| Fiscal Note FN2 | https://leg.colorado.gov/sites/default/files/documents/2025A/bills/fn/2025a_sb044_f1.pdf |
| Senate Judiciary Amendment L.001 | https://s3-us-west-2.amazonaws.com/leg.colorado.gov/2025A/amendments/88158FC1DC1ABBA087258C2D0076F76C/SB044_L.001.pdf |
| Fiscal Note FN1 | https://leg.colorado.gov/sites/default/files/documents/2025A/bills/fn/2025a_sb044_00.pdf |
| BillText | https://leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_044_01.pdf |
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