Colorado Springs Police Acting Chief calls for mandatory minimum sentencing for fentanyl crimes

COLORADO SPRINGS, Colo. (KRDO) -- A house bill moving through the Colorado state legislature aims to fight the fentanyl crisis in our community. Amid mounting criticism from law enforcement, acting Colorado Springs Police Chief Adrian Vasquez thinks the bill has good intentions but misses the mark.

Under House Bill 22-1326, 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 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. 

Acting Chief Vasquez has three main concerns about the new legislation.

His first concern is that it doesn't harshen the penalty for possessing less than four grams of fentanyl. It remains a misdemeanor, rather than a felony.

"It's like getting a traffic ticket and appear to appear in court," Vasquez said. "We have to remember that four grams of fentanyl can kill about 2000 people."

He's also concerned that while this bill does increase penalties for dealing fentanyl, it doesn't add any mandatory minimum sentences.

"If I sell, distribute, manufacture less than four grams, and I provide it to somebody, even if they die, there's no minimum mandatory sentence," he said. "Even when somebody dies, I can walk away with probation -- and that's just ridiculous."

The bill also doesn't add an amplifier or additional charge if someone dies as a result of receiving fentanyl from a suspect.

Vasquez's third main issue with the bill is the Good Samaritan Clause that's included. It means that if someone gives a person fentanyl and they begin to overdose, but the dealer stays and calls 911, cooperating with first responders, they can receive lesser charges.

"Why would we do that with that fentanyl? One of the most dangerous drugs that we've seen in recent history, it makes no sense," he said.

He likened it to staying after a traffic accident, drivers don't get lesser charges because they stay on the scene and call 911 if they hit someone. They face added charges if they leave the scene. He doesn't think people should receive lesser charges for calling 911 for fentanyl-related crimes.

Still, Vasquez said he does support some portions of the legislation.

"The bill focuses a little bit on prevention, on treatment on recovery efforts," Vasquez said. "I applaud those things, and certainly, I'm in support of anything that we can do in that area."

However, he doesn't think this bill is very "victim-centric". He doesn't think focusing on prevention and treatment is a strong enough strategy to combat the growing problem.

"This [bill] is really about the hope, hope being a horrible plan of attack here, the hope that people will seek treatment, and that'll be beneficial, that they'll seek these resources. That's fine, we want them to do that. I applaud them for seeking those resources -- but that doesn't mean that we need to take away or should take away law enforcement's ability to hold them accountable, and to give victims the justice that they deserve," Vasquez said.

The bill has a long way to go before it could be signed into law. It was introduced last week and is scheduled to be heard in the House Judiciary Committee on April 12.

Vasquez recommends reaching out to state legislators if community members think the bill needs to be changed before moving forward toward becoming law.