Prop 132 at 52.5%: Fentanyl penalty measure hangs in balance
Tallied votes show a narrow lead for the measure that would mandate prison terms for synthetic opiates, with final counts pending.
By Neha Kapoor ·
Denver, Colorado. The race to decide Colorado’s new penalties for fentanyl remained undecided as the night wore on. By 11:51 p.m. on Tuesday, 52.5 percent of the reported votes favored Proposition 132. The opposing side held 47.5 percent of the tallied votes. The margin was too small to declare a winner.
The ballot question asks voters to change how the state punishes drug offenses. If it passes, manufacturing, distributing, or selling synthetic opiates becomes a Level 1 drug felony. The list of covered drugs includes fentanyl, carfentanil, and benzimidazole opiates. Sentences for this felony would range from eight to 32 years in state prison. The new law would take effect in 2027.
Current state law offers lighter sentences for some offenders. Probation and treatment are common options. State prison is prohibited for certain people who possess small amounts of fentanyl without an intent to distribute. The new measure would remove those lighter sentencing options for the listed drugs.
Nonpartisan legislative analysts estimate the financial impact of the change. The Colorado Department of Corrections would need $7.5 million in additional spending in the first full year. Over five years, that cost rises to about $142 million. The judicial system would require nearly $1.4 million more in the first full year to hire more court staff and public defenders.
The state faces a separate housing problem. Prison capacity is currently tight. If the population grows too large, the state may need to build a new facility. Nonpartisan estimates put the cost of a new prison at upwards of $400 million. This potential expense is not included in the base cost estimates.
Conservative activists wrote the measure. Advance Colorado, a nonprofit that does not disclose donors, led the effort. Common Sense America paid signature gatherers to get the measure on the ballot. Brighter Colorado raised about $6.1 million to support the proposal. Most of that money came from conservative political nonprofits that do not disclose donors.
Coloradans for Real Safety Solutions opposed the measure. The group raised about $1.1 million during the election cycle. Major donations came from Lynn Schusterman, the ACLU of Colorado, and the Colorado Criminal Justice Reform Coalition. Fentanyl has been blamed for roughly 1,000 annual overdose deaths in Colorado since 2021.
Source: The Colorado Sun · original report published
