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Penalties for Fentanyl Crimes (Initiative #85)

On the ballot

Colorado · November 2026 general election · Citizen initiative · Election day November 3, 2026
Topics: Criminal justice, Marijuana and drug policy, Public safety

In plain language

This initiated statute would raise criminal penalties in Colorado for fentanyl, carfentanil, and benzimidazole opiates. Distributing, manufacturing, dispensing, or selling these synthetic opiates would become a level 1 drug felony, the most serious drug felony class. The measure would also raise penalties for possession, create mandated treatment for certain drug felony violations based on the amount possessed, and narrow or remove sentencing exemptions for offenses involving these drugs and for drug-related deaths. Legislative Council Staff estimates the changes would increase prison populations and state costs over time.

Fiscal impact

Legislative Council Staff's initial fiscal impact statement (August 11, 2025) estimates state expenditures of $856,770 in FY 2026-27 and about $4.92 million in FY 2027-28 from the General Fund, with state staffing rising from 6.0 FTE to 11.7 FTE. It projects cash-fund revenue of $19,516 in FY 2026-27 and $71,142 in FY 2027-28, increasing TABOR refund obligations by the same amounts, plus local government impacts. Legislative Council Staff notes it may revise this estimate for the Blue Book.

Summarized from the official fiscal analysis listed in the sources below. Figures are the state's, not this site's.

What supporters and opponents say

These are summaries of arguments made by the named organizations, drawn from the sources listed below. They are their claims, not this site's, and this site takes no position on the measure.

What supporters say

  • Michael Fields, president of Advance Colorado, which filed the initiative, says Colorado's current laws "are far too lenient on fentanyl dealers" and that the measure would hold dealers accountable while directing people with addiction into mandated treatment.
  • George Brauchler (R), district attorney for Colorado's 23rd Judicial District, supports a "low to no tolerance policy when it comes to drug dealers who peddle fentanyl into our communities."
  • State Sen. Byron Pelton (R-1) describes fentanyl as a public health crisis and says the measure would give affected families justice the Legislature has not delivered.

Attributed to Advance Colorado Institute.

What opponents say

  • The League of Women Voters of Colorado argues that longer imprisonment "does not solve their drug addiction issues or lessen the societal costs of drug addiction," citing research finding no relationship between drug imprisonment rates and drug problems.
  • The Colorado Criminal Justice Reform Coalition says the measure would apply an 8-to-32-year sentence "even for minor, first-time cases," giving judges no discretion.
  • State Rep. Javier Mabrey (D-01) calls the initiative "an extension of failed policies of the past" and argues increased penalties will not deter crime.
  • Coloradans for Real Safety Solutions is leading the campaign against this measure and Initiative #95.

Attributed to Coloradans for Real Safety Solutions, Colorado Criminal Justice Reform Coalition, League of Women Voters of Colorado.

Sources

Everything on this page traces to these sources. Follow them to read the original documents.

Last updated . How this page is sourced and corrected is described in the correction policy.