Colorado Senate bill would make distributing drugs leading to death the strongest drug felony

DENVER, Colo. (KRDO) -- District Attorneys across the state have been outspoken about limitations they've been facing for prosecuting people who distribute drugs and it leads to a death. Now, a pair of bi-partisan legislators are aiming to change that.

Senate Bill 109 would give prosecutors the ability to charge distributing any drug that leads to death as a class-1 drug felony, the harshest drug felony per state law. Someone convicted on this charge could face up to 32 years in prison.

"If somebody distributes a drug that leads to an overdose death, there is a weakness on our side, on the state side that we can't prosecute that person for the overdose death in the same way that the federal government can," 4th Judicial District Attorney Michael Allen told 13 Investigates in 2022.

Allen said he has worries that his team of prosecutors oftentimes are only able to charge these people with manslaughter and not for distributing drugs that lead to death like federal prosecutors have the power to do.

"So if it's under four grams and somebody dies, that's a probation-eligible offense. That's preposterous to me as well," Allen said regarding fentanyl prosecutions at the state level.

13 Investigates has looked at many instances where U.S. Attorney for District of Colorado, Cole Finegan and his team have brought federal charges down on fentanyl dealers for this very reason. Most recently, a federal judge handed down the first 20 years sentenced for this crime to a Colorado Springs man who dealt fentanyl to a teen.

"On the campaign trail, I heard a lot about the drug problem," Republican Senator for District 1, Bryon Pelton, said.

Pelton and Democrat Senator Kyle Mullica are prime sponsors on Senate Bill 109. Pelton told 13 Investigates the law needed to be expanded to include the severity of dealing numerous drugs like methamphetamine and heroin.

"Fentanyl is only 50% of the overdose deaths. We need to get the other 50% underneath the same umbrella," Pelton said. "Anybody who dies of an overdose death, the victims deserve some justice and that's exactly what they deserve."

Critics of SB 109 make up 17 advocacy organizations like Mental Health Colorado, Harm Reduction Action Center and Colorado Criminal Justice Reform Coalition, the bill would fail to prevent overdose deaths while causing more harm to vulnerable communities.

They released a statement saying:

“As organizations that advocate to make our state healthier and safer for all Coloradans, we strongly oppose Senate Bill 109. Colorado is experiencing a serious crisis when it comes to overdose deaths from fentanyl and other substances, and we need to do everything we can to save lives. While these bills may aim to combat this crisis, they would fail to reduce overdose deaths while causing further harm to vulnerable communities. These bills would fruitlessly criminalize people who need compassion and care and create costly cycles of incarceration that tear families and communities apart. Instead of continuing with an approach that has continuously failed to mitigate potential harm from substance use, we need to implement evidence-based solutions that prevent overdose deaths and protect the most vulnerable in our communities. That means better access to prevention, treatment, and recovery services and enacting harm reduction policies that are proven to save lives.” 

-- 17 Advocacy Organizations

Pelton says he disagrees with these sentiments and emphasized that this bill gives state prosecutors the ability to charge this crime as a class-1 drug felony based on the facts of each case. He says prosecutors are not bound by this change in the law.

"I don't think it's justified what they're talking about. I think that we're focusing on is the people who are peddling poison in our communities."

This bill has been proposed but has not yet made its way through committee yet.