New fentanyl bill would bring stiffer penalties, but wouldn’t reverse 2019 reclassification decision

DENVER, Colo. (KRDO)--It's a bill that many law enforcement officials have been waiting on for months, in hopes it could help keep deadly fentanyl off the streets.

According to the publication Colorado Politics, a draft of legislation geared at cracking down on fentanyl will hit the state legislature this coming week.

Under the reported bill, any possession of fentanyl with an intent to distribute is a minimum class two drug felony. That brings a prison sentence between two and four years.

The bill reportedly would also make possessing between four and 50 grams of fentanyl with the intent to distribute it a class two drug felony, bringing a penalty of four to 16 years in prison. It would also increase the penalty for having more than 50 grams to a class one felony, carrying up to 32 years. 

But it would not reverse the much-debated and controversial 2019 decision that lowered possession of fewer than four grams from a felony to a misdemeanor.

"It would be a huge disappointment," Fourth Judicial District Attorney Michael Allen said. "The fentanyl issue is not a partisan issue. This is a public safety issue, and so that gets back to the disappointment part of it."

Allen is particularly upset that the 2019 change isn't being reversed.

Attorney General Phil Weiser admitted to KRDO just three weeks ago that it was a mistake.

"Four grams of fentanyl can kill 2000 people. It is deadly and we have to take it seriously," Weiser said in early March. "That reclassification decision, I believe, needs to be revisited."

Weiser released a statement Wednesday saying the bill was a "step forward" in the battle against fentanyl. He also said, "rather than criminalizing those struggling with addiction, it provides support and resources for those who need help."

Allen though disagrees with that notion. He believes there's a direct correlation between when the reclassification happened and when fentanyl overdoses skyrocketed in Colorado. 

"This drug is so dangerous that we should treat it as commensurate with the danger that it presents," Allen said.