Colorado voters will decide this November whether possessing any amount of fentanyl becomes a felony statewide, a shift that could reshape how courts handle a drug that is killing hundreds of people across the state each year. Proposition 132, a public referendum backed by Advance Colorado, would also impose a mandatory prison sentence of 8 to 32 years for anyone convicted of distributing any quantity of the drug.
Currently, possessing up to four grams of fentanyl is a misdemeanor under Colorado law, according to The Sentinel. Proposition 132 would eliminate that threshold entirely, classifying possession of any amount as a felony, per Colorado Newsline. As Axios reports, the measure could reshape how the criminal justice system deals with fentanyl going forward, with advocates saying the felony classification will help reduce fatal overdoses while critics warn it will worsen the crisis.
What The Measure Would Change
The proposed law targets fentanyl dealers and would require a mandatory minimum of eight years for anyone distributing any quantity of the drug, according to Axios's reporting. It would also eliminate possible penalty reductions in most cases, removing options under current sentencing laws that can divert some offenders to treatment programs instead of prison, per the same Newsline account.
There is a narrow carve-out: people convicted of possessing less than a gram of fentanyl would have to complete court-ordered treatment to potentially lower their charges to a misdemeanor, per Axios. The Sentinel similarly describes a provision allowing some low-level users to get court-mandated treatment in exchange for a reduced charge. The Sentinel also reports that Proposition 132 would remove legal protections for distributors who call emergency services during an overdose.
Backers Point To Overdose Toll
Kristi Brown, vice president at Advance Colorado, said the measure balances accountability with compassion and pointed to a large coalition of Colorado families affected by fentanyl who support it, according to Axios. Proposition 132 aims to combat what its backers describe as current state laws that do not go far enough in penalizing fentanyl possession. More than 1,800 people died from overdoses in Colorado in 2025, according to the Sentinel's reporting.
Opponents Call It A Cash Grab
The Colorado Criminal Justice Reform Coalition has launched a public opposition campaign against Proposition 132 that includes online ads, per Axios's reporting. Kyle Giddings, the coalition's deputy director, called the measure a private prison cash grab and said incarceration does not fix addiction. Giddings said the measure conflicts with data and research on effective ways to address addiction, arguing instead for harm reduction measures such as needle exchanges and medication-assisted treatment, which research suggests can help save lives.
The Criminal Justice Reform Coalition also cites broader research finding that neither increased arrests nor harsher criminal punishment for drug law violations reduce drug sales or drug use, according to the coalition's own published analysis. That same analysis cites a Colorado-specific projection that Proposition 132 could result in 1,718 additional overdose deaths over five years, a 41.3% increase, and estimates the measure would send nearly 900 more people to prison each year at a cost of roughly $433 million over five years.
Mental Health Colorado Pushes Back Too
Mental Health Colorado has also come out against the measure, arguing that increasing criminal penalties does not address the underlying causes of harmful substance use or create healthier, safer communities, according to the organization's statement opposing Proposition 132. The group instead recommends greater access to health and substance-use care, overdose prevention, stable housing, and accountability focused specifically on drug manufacturers and traffickers rather than low-level users.
The Price Tag, According To State Analysts
A nonpartisan legislative staff note shows the estimated state spending increases tied to the measure, according to Axios's reporting. State spending could rise by an estimated $900,000 in the first year if Proposition 132 is approved, and could reach $68.2 million by the fifth year. That additional spending would cover costs tied to courts, public defenders and prisons, Axios reports, and Colorado could end up dedicating potentially millions of dollars in state funding to the measure for years to come. Proposition 132 does not directly fund treatment, according to the same reporting, meaning the law would establish a more punitive approach toward fentanyl possession without a dedicated funding stream for treatment.
Local Governments Are Already Weighing In
The debate has already reached city hall. Aurora City Council's government relations committee voted 2-1 to pass a resolution opposing Proposition 132, according to the Sentinel's reporting, adding a local government voice to the growing list of organizations lining up against the measure ahead of November's vote.
