Colorado Penalties for Fentanyl Sale and Possession Initiative

Colorado Ballot Measure - Initiative 85

Election: Nov. 3, 2026 (General)

Outcome: Pending

Categories:

Criminal Justice
Drugs

Summary


Initiative 85 would increase felony penalties for the distribution, manufacturing, dispensing, sale, or possession of fentanyl, require mandated treatment for certain drug felonies, and narrow sentencing exceptions for fentanyl-related crimes and deaths.[1]

The measure would make possession of any amount of fentanyl a felony offense, carry a mandatory prison sentence of eight to 32 years, and establish mandatory drug rehabilitation treatment requirements for certain, low-level violations.[

Measure Text


Shall there be a change to the Colorado Revised Statutes concerning criminal penalties for fentanyl and certain synthetic opioids, and, in connection therewith, increasing the felony classifications of drug-related crimes for distribution, manufacturing, dispensing, sale, or possession of fentanyl and certain synthetic opioids; creating mandated treatment for certain drug felony violations based on possession amount; and changing sentencing provisions to narrow or eliminate exemptions for crimes related to fentanyl and certain synthetic opioids and drug-related deaths?[

Resources


Official Summary

Source
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