CO SB109

Makes it a level 1 drug felony if a person sells, dispenses, distributes, or transfers any quantity of a Schedule I or Schedule II controlled substance that is the proximate cause of another person's death.

Expands the crime beyond fentanyl and its analogs to cover any Schedule I or Schedule II controlled substance, and also applies to any amount rather than requiring specific quantities.

Creates an exception for sharing up to 4 grams of a Schedule I or II substance (or 2 grams of methamphetamine, heroin, ketamine, or cathinones, or 1 gram of fentanyl analogs) without payment if consumed together at substantially the same time.

Removes mandatory sentencing requirements for violations involving Schedule I or II substances in cases qualifying for the sharing exception.

Takes effect 90 days after final adjournment, unless subject to referendum petition, in which case it requires voter approval in November 2024 election.