Proposition 132Increase Penalties for Fentanyl Crimes
Read the full text of the measure: Blue Book pages 88 to 92 (PDF)
In plain words
Fentanyl is a very strong man-made opioid drug that can kill in very small amounts. Proposition 132 would make having any amount of it a felony (a serious crime that can bring prison time). Anyone convicted of selling, giving, or sharing any amount would have to go to prison for 8 to 32 years. Judges would have less room to lower a sentence based on the facts of a case. source: Blue Book, p. 48
Before and after
| Offense (weight of the whole drug mix) | Today | If Proposition 132 passes |
|---|---|---|
| Selling or sharing over 50 grams | Prison required, 8 to 32 years | Prison required, 8 to 32 years |
| Selling or sharing 4 to 50 grams | Prison possible, 4 to 8 years | Prison required, 8 to 32 years |
| Selling or sharing under 4 grams | Prison possible, 2 to 4 years; lower charge possible for calling for help during an overdose and staying | Prison required, 8 to 32 years; no lower charge |
| Having 1 to 4 grams | Prison possible, half a year to 1 year | Prison possible, 2 to 4 years |
| Having under 1 gram | No prison | Felony; prison possible, half a year to 1 year; treatment required, and the charge can drop to a misdemeanor (a lesser crime) if treatment is finished |
From the official analysis source: Blue Book, p. 48
Example
Illustration only: Someone shares under 4 grams of a pill mix that has fentanyl in it, then calls for help when a friend overdoses and stays until help arrives. Today a judge could give 2 to 4 years in prison or a lighter sentence such as probation, and the charge could be lowered for calling for help. Under Proposition 132, the person must go to prison for 8 to 32 years. The weight counts the whole mix, not just the fentanyl in it. source: Blue Book, p. 48
Biggest change
- Anyone convicted of selling, giving, or sharing any amount of fentanyl must go to prison for 8 to 32 years. Today that is required only for over 50 grams, selling to a child, or at least 4 grams that caused a death. source: Blue Book, p. 48
- Having any amount of fentanyl becomes a felony. Today having under 1 gram brings no prison time. source: Blue Book, p. 48
Who it affects most: People charged with having or sharing small amounts of fentanyl, who would face felony charges and, for sharing, required prison time.
Cost to the state: The state would spend about $0.9 million more in the first budget year, $8.9 million in the second, and $68.2 million by year five, mostly as more people go to prison for longer. The state may also need more prison space; the Blue Book gives no cost for that. The measure names no way to pay, so the money is assumed to come from the General Fund (the state's main budget). New fines bring in $23,000 the first year and $73,000 a year after that. County prosecutors' costs also go up; no amount is given.
Our plain-words summary at an 8th-grade reading level. Every line points to its source.
What your vote means
Having any amount of fentanyl becomes a felony, and selling or sharing any amount means at least 8 years in prison.
Having under 1 gram stays a lesser crime with no prison, and prison time for selling or sharing still depends on the amount.
Our plain-words summary.
The Blue Book's official wording of YES and NO (tap to open)
YES: A “yes” vote on Proposition 132 makes possession of any amount of fentanyl a felony, requires a mandatory minimum 8-year prison sentence for any quantity of fentanyl distribution, and eliminates options to reduce penalties for certain possession and distribution offenses.
NO: A “no” vote on Proposition 132 keeps minor possession charges of fentanyl a misdemeanor, maintains tiered felony penalties for fentanyl distribution based on drug quantity, and keeps options to reduce penalties for certain possession and distribution offenses.
Why people want it, and why others object
Why this is on the ballot
- Voters put this on the ballot through a citizen petition (a citizen initiative). The Blue Book says fentanyl has become the leading cause of drug overdose deaths in Colorado and the United States, because it can kill in very small amounts and is often mixed into other drugs without the user knowing. source: Blue Book, p. 48
Why supporters want it
- Fentanyl is highly potent and deadly, and it warrants stronger penalties than other drugs. The measure targets drug traffickers with harsher sentences and disrupts the distribution of fentanyl, including when it is mixed into other substances. Mandated prison sentences for drug dealers are likely to enhance public safety by keeping them off the street, as well as provide victims and their families with a greater sense of justice. The measure also increases accountability for drug users and may deter fentanyl use, which could help reduce overdose deaths. Proposition 132 demonstrates Colorado’s commitment to addressing fentanyl-related crime. source: Blue Book, p. 48
Why opponents object
- Proposition 132 is unlikely to reduce fentanyl use, lower crime rates, or prevent overdose deaths. Individuals may be discouraged from seeking addiction treatment, or calling for emergency assistance during overdoses, due to fear of criminal prosecution and prison time. The measure treats people who distribute trace amounts of fentanyl as major drug dealers. In addition, longer prison sentences are expensive and would shift resources away from underfunded treatment programs, education, and other public services and toward an already overcrowded and understaffed prison system. source: Blue Book, p. 48
Who backs each side
Most totals are through October 4, 2026 (Rocky Mountain Voice, Oct 6); some are as of September 21 (Colorado Politics). Spending grows until Election Day. These figures come from news reports of state campaign finance filings and were not checked line by line against the filings.
- For: no money specific to Proposition 132 was found.
- Against: Coloradans for Real Safety Solutions reported about $1.1 million through Oct 4, including Lynn Schusterman ($500,000), ACLU of Colorado ($200,540), Signal Behavioral Health Network ($134,500) and Colorado Criminal Justice Reform Coalition ($132,983).
Sources: Rocky Mountain Voice, Oct 6, 2026 · Colorado Politics, Sept 25, 2026 · Colorado Secretary of State: committees for and against 2026 measures · TRACER campaign finance search
Supporter and opponent arguments are the official ones printed in the Blue Book, written by the Legislative Council's nonpartisan staff after hearing from both sides. Who is registered for and against (Secretary of State) . We don't endorse either side.
At a glance
Our plain-words summary of the official Blue Book analysis. Every line points to its source.
Who it affects
- People caught with any amount of fentanyl or related synthetic opioids. Possession of any amount becomes a felony. Today possession of under 1 gram is a misdemeanor-level charge with no prison time. (Blue Book, p. 48 )
- People convicted of distributing any amount, including selling, transferring or sharing. All would face a mandatory 8 to 32 years in prison. (Blue Book, p. 48 )
- People who report an overdose and stay until help arrives ("Good Samaritan" cases) and are charged with distribution. They lose the chance for reduced penalties. (Blue Book, p. 48 )
- Judges, who could no longer weigh factors such as whether a person knew a substance had fentanyl in it. (Blue Book, p. 48 )
- State courts, public defenders and prisons, and county district attorneys, who would have more costs. (Blue Book, p. 48 )
How many: Unknown. The Blue Book does not give a count of people charged or convicted for fentanyl offenses. It does estimate state costs rising to $68.2 million a year by year five.
Money: economic and budget impact
- State spending: the Blue Book estimates $0.9 million more in the first budget year for courts and public defenders, $8.9 million in the second year as more people go to prison, and $68.2 million by year five. Prison costs keep growing as people serve longer terms. (Blue Book, p. 48 )
- The state may need to build or contract for more prison space. No cost is given for this. (Blue Book, p. 48 )
- The measure names no funding source, so costs are assumed to come from the state General Fund. This may leave less money for other uses. The largest are Health Care Policy and Financing, Education, and Higher Education. (Blue Book, p. 48 )
- State revenue: fines bring the Judicial Department $23,000 more in the first year and $73,000 more in the second and later years. (Blue Book, p. 48 )
- Local: county-funded district attorneys would have higher costs for longer cases. No dollar estimate is given. (Blue Book, p. 48 )
Possessing any amount of fentanyl becomes a felony. Possession of under 1 gram could be reduced to a misdemeanor after finishing court-ordered treatment, which becomes mandatory. Distributing any amount brings a mandatory 8 to 32 years in prison, and Good Samaritan reductions for distribution end. This is a change to state law (a statute), so the legislature can amend it.
Current law stays. Possession of under 1 gram carries no prison time, and prison terms for distribution depend on the amount: mandatory 8 to 32 years only for over 50 grams, sales to a minor, or at least 4 grams that caused a death. Judges keep options such as probation, treatment and reduced charges.
Not yet known
- How many people a year would be charged or sent to prison under the new rules.
- The cost of new prison space, if it is needed.
- The budget years the cost estimates start in. The Blue Book says first, second and fifth year only.
- The dollar cost to county district attorneys.
- When the new penalties take effect.
- Any effect on overdose deaths, drug use or crime. Only the arguments discuss these.
Can it actually be enforced?
Short answer: Mostly yes. Colorado police, prosecutors, courts and prisons would apply it, and federal drug law leaves room for states to set their own penalties. But it is a statute, so the legislature could change it later, and its prison costs have no funding source.
- This is a change to state statute, not the constitution. The legislature could amend or repeal it later without another statewide vote. (Blue Book, p. 48 )
- Who carries it out: state and local police, county district attorneys, state courts and the state prison system. These are all state or local bodies, so the state can direct them. (Blue Book, p. 48 )
- Federal law does not block it. The federal Controlled Substances Act says Congress did not mean to take over the whole field, including criminal penalties. State drug laws stand unless they are in a 'positive conflict' with federal law that makes it impossible to follow both (21 U.S.C. 903). Fentanyl without a prescription is illegal under both, so tougher state penalties point the same way as federal law. (law.cornell.edu )
- Funding is a practical limit. The Blue Book estimates state costs rising to $68.2 million by year five and says more prison space may be needed, but the measure names no funding source. How that is paid for depends on future budget decisions by the legislature. (Blue Book, p. 48 )
- Mandatory minimum sentences have been upheld before. The U.S. Supreme Court said in Harmelin v. Michigan (1991) that a mandatory life sentence for possessing a large amount of cocaine did not violate the Eighth Amendment. That does not settle every possible challenge, but it suggests a mandatory 8-year minimum would face a high bar in court. (supreme.justia.com )
Not yet known
- Whether lawsuits are planned against Proposition 132.
- How prosecutors would use their charging choices under the new rules. The Blue Book does not discuss this.
This is our reading of the cited law, not legal advice. Court outcomes are uncertain.
Official ballot wording
Official ballot wording, word for word (tap to open)
The ballot title, word for word from the 2026 Blue Book.
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?
The official analysis
The full Blue Book analysis, word for word (tap to open)
Everything in this section is quoted from the nonpartisan Legislative Council's 2026 State Ballot Information Booklet (the Blue Book). Charts are described in words. Read the full Blue Book (PDF)
Proposition 132 proposes amending the Colorado statutes to:
- increase penalties for possession and distribution, including the selling, transfer or sharing, of any amount of certain synthetic opioids, commonly known as fentanyl; and
- eliminate the possibility of reduced penalties for certain possession and distribution offenses with mitigating circumstances.
Summary and Analysis of Proposition 132
What is fentanyl?
The term “fentanyl” refers to a type of potent synthetic opioid. Fentanyl is used medically for pain relief, but possessing or distributing fentanyl without a prescription is illegal. Fentanyl has become the leading cause of drug overdose deaths in both Colorado and the United States because it can be fatal in very small amounts and is often mixed into other illicit drugs without a user’s knowledge. Fentanyl belongs to a class of potent synthetic opioids with similar characteristics. The measure impacts fentanyl along with these related drugs.
What are the current penalties for fentanyl offenses in Colorado?
Penalties for fentanyl offenses are based on the type and quantity of the drug, and whether the offense involved personal use or intent to distribute. Current penalties range from court-ordered treatment, fines, and probation to time in prison. State law specifies which fentanyl offenses require prison sentences, which qualify for alternative penalties and reduced charges, or are subject to
judicial discretion. The severity of the penalty also depends on the weight of the substance involved. A “substance” includes the total weight of any mixture containing fentanyl rather than the amount of fentanyl itself.
Who can and cannot go to prison under current law?
The most serious fentanyl-related drug crimes mandate a minimum prison sentence of 8 years up to a maximum of 32 years. This includes offenders who:
- distributed to a minor;
- distributed more than 50 grams of a substance; or
- distributed at least 4 grams of a substance that caused death.
In other cases, state law allows for sentences such as probation and treatment, and prohibits state prison for offenders who either:
- possessed less than 1 gram of a substance with no intent to distribute and do not have multiple past fentanyl convictions;
- possessed between 1 to 4 grams of a substance with no intent to distribute and provided evidence they were unaware the substance contained fentanyl; or
- distributed less than 4 grams and were eligible for “Good Samaritan” protections that reduce criminal penalties for reporting an overdose and staying until help arrives.
When prison time is neither mandated nor prohibited by state law, a judge may determine a sentence within a penalty range. In these scenarios, the judge may consider the unique circumstances of the case, including if the offender was aware of fentanyl in the substance, criminal history, risk to public safety, acceptance of responsibility, or any other circumstance that is relevant to consider at sentencing. Judges may also reduce or modify a penalty in exchange for successful completion of treatment.
How will penalties change under Proposition 132?
Proposition 132 increases criminal penalties for fentanyl offenses by expanding felony charges for possession and distribution, imposing longer prison sentences, and limiting judicial discretion. For those convicted of distributing any amount of fentanyl, the measure requires a prison sentence of between 8 and 32 years. It eliminates the possibility for reduced penalties in “Good Samaritan” cases involving distribution.
The measure also makes possession of any amount of fentanyl a felony. However, if a person possesses less than one gram and successfully completes court-ordered drug rehabilitation treatment, the felony charge may be reduced to a misdemeanor. Individuals charged with a felony for possessing more than one gram are no longer eligible for this reduction, but the measure keeps "Good Samaritan" penalty reductions for other low-level possession offenses. Although not mandated, the measure permits varying lengths of imprisonment for possession.
Judicial discretion is limited by imposing mandatory minimum prison sentences for fentanyl distribution cases. Additionally, courts must order treatment for individuals charged with possessing less than one gram of a substance containing fentanyl, regardless of the circumstances. Finally, judges may not consider mitigating factors, such as whether an offender reasonably believed the substance did not contain fentanyl.
Table 1 compares fentanyl offense sentencing between current law and Proposition 132.
Table 1: Fentanyl Offense Prison Sentencing under Current Law and Proposition 132 (Blue Book p. 50)
| Offense | Sentencing under Current Law | Sentencing under Proposition 132 |
|---|---|---|
| Distribution over 50g | Mandatory, 8-32 years in prison. | Mandatory, 8-32 years in prison. |
| Distribution 4-50g | Possible, 4-8 years in prison. Increased charges for distribution resulting in death or distribution to a minor. | Mandatory, 8-32 years in prison. |
| Distribution under 4g | Possible, 2-4 years in prison. Increased charges for distribution to a minor; reduced charges for “Good Samaritan” actions. | Mandatory, 8-32 years in prison. |
| Possession 1-4g | Possible, 0.5-1 year in prison. Reduced charges for reasonable deniability or completing alternative sentencing, such as treatment. | Possible, 2-4 years in prison. |
| Possession under 1g | No prison time. Increased charges for multiple past convictions; reduced charges for reasonable deniability or completing alternative sentencing, such as treatment. | Possible, 0.5-1 year in prison. Eligible for reduced charges for completing mandatory treatment. |
Argument For Proposition 132
1) Fentanyl is highly potent and deadly, and it warrants stronger penalties than other drugs. The measure targets drug traffickers with harsher sentences and disrupts the distribution of fentanyl, including when it is mixed into other substances. Mandated prison sentences for drug dealers are likely to enhance public safety by keeping them off the street, as well as provide victims and their families with a greater sense of justice. The measure also increases accountability for drug users and may deter fentanyl use, which could help reduce overdose deaths. Proposition 132 demonstrates Colorado’s commitment to addressing fentanyl-related crime.
Argument Against Proposition 132
1) Proposition 132 is unlikely to reduce fentanyl use, lower crime rates, or prevent overdose deaths. Individuals may be discouraged from seeking addiction treatment, or calling for emergency assistance during overdoses, due to fear of criminal prosecution and prison time. The measure treats people who distribute trace amounts of fentanyl as major drug dealers. In addition, longer prison sentences are expensive and would shift resources away from underfunded treatment programs, education, and other public services and toward an already overcrowded and understaffed prison system.
Information about the organizations supporting and opposing this measure is available on the Colorado Secretary of State's website:
www.coloradosos.gov/pubs/elections/Initiatives/ballot/contacts/2026.html
Fiscal Impact of Proposition 132
State Revenue
Proposition 132 increases state revenue to the Judicial Department by $23,000 in the first year, and $73,000 in the second and future years from additional criminal fines due to the measure’s increase in crime classification.
State Spending
Proposition 132 increases state spending to cover increased criminal justice system costs for the courts, public defenders, and prisons. These costs are paid from the state General Fund. Specifically, the measure increases state spending in the first budget year by $0.9 million to pay for costs in the courts and for public defenders. In the second year, state spending under the measure is estimated to increase to $8.9 million as more individuals are sent to prison for distributing or possessing. Prison costs will continue to increase as individuals are incarcerated for longer periods of time. By year five, total state spending is estimated to increase by $68.2 million. In addition, due to the estimated increase in the future prison population, the state may need to construct or contract for additional prison space. The measure does not specify a funding source to pay for this increased criminal justice-related spending, and it is assumed that these costs will be paid from the General Fund. While the measure may reduce money available for other uses (the three largest of which are Health Care Policy and Financing, Education, and Higher Education), the effect of the measure on other programs is unknown and will depend on future budgeting decisions by the state legislature.
Local Government
Similar to the state, costs will increase for county-funded district attorneys to prosecute longer cases with enhanced penalties.
Latest news
Recent reporting from a range of outlets, newest first. We link to it; we don't endorse it.
- 2026-10-08 Colorado Politics: Panel debates proposal to increase fentanyl penalties in Colorado
- 2026-10-02 The Colorado Sun: Proposition 132: Colorado voters will decide whether to increase penalties for possessing, selling fentanyl
- 2026-10-02 Colorado Politics: Proposition 132
- 2026-09-25 CPR News: Proposition 132: Penalties for Fentanyl Crimes
Coverage of all the statewide measures
- 2026-10-06 Rocky Mountain Voice: What's on your 2026 Colorado ballot: all 14 statewide measures
- 2026-09-25 Colorado Politics: Major donors fuel Colorado ballot measure fights across the state
- 2026-09-25 CPR News: 2026 Colorado state ballot measures voter guide
Full text of the measure
This measure changes existing law. The printed Blue Book shows new wording in capital letters and wording being removed in strikeout type, which we can't reproduce reliably here. Read it in the Blue Book, pages 88 to 92 (PDF) .
Read more
- 2026 Blue Book (PDF) , including the full legal text of the measure
- Colorado Secretary of State: who is registered for and against
- TRACER: Colorado campaign finance filings
What people are saying
Official campaign accounts on each side, and public posts. Links only: nothing here loads from social media sites. We link to posts; we don't endorse them.
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