HB 24-1306

House Bill 24-1306 in Colorado increases the penalty for possessing synthetic opioids like fentanyl, carfentanil, and benzimidazole opiates. Currently, possession of these substances can be a misdemeanor or felony depending on weight and previous offenses, but the bill removes exceptions that could reduce penalties based on reasonable mistakes. Starting July 1, 2024, anyone caught with any amount of these opioids will face a level 4 drug felony charge, which is more severe than before. This change affects individuals who possess synthetic opioids and means they now face harsher legal consequences regardless of the circumstances. The bill has been signed into law, so this new penalty will go into effect as scheduled.

Official Summary

Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs more than one gram and not more than 4 grams and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 4 drug felony; except that, if a defendant shows supporting evidence to establish that the defendant made a reasonable mistake of fact and did not know that the controlled substance contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the matter must be submitted to the finder of fact in the form of interrogatory included in the verdict form. If the finder of fact determines the defendant made a reasonable mistake of fact, the defendant commits a level 1 drug misdemeanor. The bill eliminates this provision. Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs not more than one gram and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 1 drug misdemeanor; except that a fourth or subsequent offense is a level 4 drug felony. The bill eliminates this provision. Effective July 1, 2024, the bill makes the possession of any material, compound, mixture, or preparation that contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, a level 4 drug felony. (Note: This summary applies to this bill as introduced.)

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