SB 25-044

Senate Bill 25-044 in Colorado makes it a serious crime (level 1 drug felony) for anyone to make, sell, distribute, or possess with intent to do so, substances that contain fentanyl, carfentanil, benzimidazole opiate, or similar compounds. Starting July 1, 2025, simply possessing these dangerous substances will also be a serious offense (level 4 drug felony). This bill removes some existing protections for those who might have made an honest mistake about what they were holding and eliminates the possibility of having such convictions reduced to lesser offenses after completing probation or community service. The bill has been signed into law, meaning it will go into effect as planned.

Official Summary

The bill makes it a level 1 drug felony if a person manufactures, dispenses, sells, or distributes, or possesses with intent to do the same, (manufactures or distributes) any material, compound, mixture, or preparation that contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof (qualifying controlled substance). Because manufacture or distribution of any amount of a qualifying controlled substance is a level 1 drug felony under the bill, the bill repeals penalty level provisions involving manufacture or distribution of a qualifying controlled substance that are weight- or circumstance-dependent, and related immunity and sentencing requirements. Effective July 1, 2025, the bill makes the possession of a qualifying controlled substance a level 4 drug felony. The bill repeals the following provisions of law related to the penalties for possessing a qualifying controlled substance: A provision that reduces the penalty if the fact finder in the case finds that the possessor made a reasonable mistake of fact and did not know that the material, compound, mixture, or preparation contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; and A provision that requires a court to vacate the drug felony conviction and enter a conviction for a level 1 drug misdemeanor upon the defendant's successful completion of a community-based sentence to probation or to a community corrections program.(Note: This summary applies to this bill as introduced.)