Colorado Voters to Weigh Harsher Fentanyl Sentences Under Prop 132

Colorado voters will decide on Nov. 3 whether to sharply increase criminal penalties for fentanyl, weighing a ballot measure that would make possession of any amount of the drug a felony and impose an eight-year mandatory minimum sentence for selling it.

Proposition 132, formerly Initiative 85, was written and financed by conservative activists who paid millions of dollars to gather signatures and place it on the ballot. It would take effect in 2027 if a simple majority of voters approve it, and it opens a new front in Colorado's long-running argument over whether the overdose crisis should be met with treatment, punishment or both.

The measure would reclassify the manufacture, distribution or sale of a list of synthetic opiates — fentanyl, carfentanil and benzimidazole opiates among them — as a Level 1 drug felony carrying eight to 32 years in prison, with eight years as the mandatory minimum. Under current law, distribution reaches that level only if more than 50 grams are involved, if the drug was sold to a child, or if a substance weighing at least four grams caused a death.

What would change for possession

On the possession side, the measure raises the stakes considerably. Possessing between one and four grams of a substance containing fentanyl or a similar synthetic opiate would become a Level 3 drug felony punishable by up to four years in prison. Possession of up to one gram would become a new Level 4 treatment-mandated felony carrying up to a year behind bars, though a defendant could have the charge reduced to a misdemeanor by completing a court-ordered drug treatment program.

Today, possession of one to four grams is a Level 4 drug felony, and possession of up to one gram is a Level 1 drug misdemeanor with a maximum of 18 months in jail. The measure would also remove a provision that lets someone convicted of possessing one to four grams reduce the conviction to a misdemeanor by proving they did not know an opioid was in the substance.

Two other changes have drawn particular attention. Proposition 132 would strip a provision in Colorado law that grants immunity from felony prosecution for manufacture, distribution or sale of certain synthetic opiates to people who report an overdose to authorities — though proponents say the mandatory minimum would not apply in those cases. It would also eliminate a defense that a person did not know they were making or selling a substance containing an opioid.

The projected costs

Nonpartisan legislative analysts estimate the measure would increase Colorado's prison population and add millions in annual spending. In its first full year, the initiative would require about $7.5 million in additional Department of Corrections spending, with a five-year cost near $142 million. That figure does not include the expense of reopening a prison if the state runs out of inmate space, which could add upwards of $400 million to build a new facility. The judicial system would need nearly $1.4 million more in the first full year for court staff and public defenders.

Fentanyl has been blamed for roughly 1,000 overdose deaths a year in Colorado going back to 2021, and fentanyl-related deaths pushed past 1,800 in 2025 — a 13 percent increase over 2024, according to state health officials.

Who is for it and who is against

The measure is backed by Advance Colorado, a conservative political nonprofit that does not disclose its donors, and by Common Sense America, another donor-shrouded nonprofit that funded the signature drive. An issue committee called Brighter Colorado, formed in July, reported $250,000 from Common Sense America in August. George Brauchler, the district attorney for Douglas, Elbert and Lincoln counties, has argued that a low-tolerance policy toward people who sell fentanyl is overdue, and The Gazette's editorial board endorsed the measure this week.

Opposition has come from an issue committee called Coloradans for Real Safety Solutions, formed in January, as well as from local officials. The La Plata County commissioners announced their opposition, and the Aurora City Council has been moving toward a public rebuke, splitting over whether to weigh in on a statewide measure.

"Targeting those with addiction for, not even having a milligram in their possession, and saying that automatically qualifies them for a minimum sentence of eight to 32 years is ridiculous," Aurora Councilmember Gianina Horton said.

Critics point to decades of research indicating that criminalizing addiction does not reduce drug use and complicates the path back to treatment — a point that matters in a state where opioid use disorder remains the leading driver of overdose deaths. Supporters counter that prosecutors would retain discretion over which charges to file.

Because Proposition 132 is a statutory change rather than a constitutional amendment, a future legislature could alter its provisions by a simple majority vote. For now, whether Colorado adds mandatory prison time to its fentanyl laws is up to the voters.