HB22-1326 Summary

• Criminal penalties for fentanyl possession: Creates tiered penalties for unlawful possession of fentanyl, carfentanil, benzimidazole opiate, and analogs, ranging from Level 1 misdemeanor (under 1 gram) to Level 4 felony (1-4 grams), with enhanced penalties for larger quantities or when distribution leads to death.

• Treatment-focused sentencing: Requires courts to order substance abuse assessments and treatment (community-based or residential) for convicted offenders, funded through the Correctional Treatment Cash Fund for indigent defendants.

• Harm reduction and prevention: Authorizes distribution of opiate antagonists (naloxone) and non-laboratory synthetic opiate detection tests through various community entities; establishes immunity for furnishing these items; and creates funding for a statewide fentanyl prevention and education campaign.

• Jail-based medication-assisted treatment: Mandates that county jails provide medication-assisted treatment and withdrawal management services, and requires continuity of care upon release including opiate antagonists and treatment coordination.

• Research and oversight: Appropriates $51+ million for implementation and requires post-enactment reviews of the bill's impact on sentencing, treatment outcomes, and overdose prevention effectiveness over three years.