Proposition 132: Penalties for Fentanyl Sale and Possession Initiative

The DMCC Board voted to support Prop 132, which would strengthen criminal penalties for fentanyl possession and distribution while maintaining pathways to treatment and recovery.

Public safety remains fundamental to a healthy economy, strong workforce, and vibrant communities. Addressing Colorado's fentanyl crisis is critical to improving community safety and economic vitality. This measure is consistent with the Chamber’s legislative efforts on this issue.

Proposition 132 is titled “Increase Penalties for Fentanyl Crimes.”

Why Vote YES?

Fentanyl has devastated communities and families across Colorado.

People who knowingly traffic dangerous quantities of fentanyl should face serious consequences. The law should distinguish between people struggling with addiction and those who deliberately profit from distributing a deadly substance.

A comprehensive response requires both accountability and treatment.

The state should pursue a system in which serious traffickers face meaningful punishment while people suffering from addiction have access to effective treatment and recovery services.

Position: Hold fentanyl traffickers accountable while expanding meaningful treatment and recovery opportunities. Vote YES.

Discourages fentanyl sales, use, and related felonies; stiffens sentences.

We all want to find solutions for fentanyl in our communities. Proposition 132 makes it a felony to possess any amount of fentanyl. For anyone manufacturing, selling or distributing fentanyl, Prop 132 imposes a mandatory prison sentence of 8 to 32 years; no exceptions, no judge’s discretion. A teenager sharing a single pill at a party is considered a distributor and sentenced to 8-32 years in prison, the same as a major trafficker. We recommend voting NO on this proposition. - Prop 132 also takes away the legal protection that currently allows people to call 911 during an overdose without fear of prosecution, (the “Good Samaritan”). Also, it removes the defense of “reasonable mistake” for a person who didn’t know fentanyl was in something. - Prop 132 has a “treatment-mandated” provision for first-time offenders possessing less than a gram of fentanyl, but the proposition has no funding for treatment. - Prop 132 is estimated to result in 900 more people incarcerated per year and $432 million in additional prison costs. Those costs also are unfunded and would have to be taken from education, healthcare and other programs’ state budgets. With the Dept. Of Corrections at capacity, the primary beneficiary of this measure would be the private prison industry. - Prop 132 fails to include validated research showing that increased penalties for fentanyl use do not decrease fentanyl use or sales, but can lead to more overdose deaths. This proposition is not a solution. It is unfunded and not designed to help anyone. The people of Colorado would benefit more if our money is spent on education, healthcare, and public services rather than prisons.