CO SB044

SB 25-044: Synthetic Opiates Criminal Penalties

• Manufacturing, dispensing, selling, or distributing any amount of fentanyl, carfentanil, benzimidazole opiates, or their analogs becomes a level 1 drug felony, removing the previous 50-gram weight threshold

• Possession of any quantity of these synthetic opiates becomes a level 4 drug felony effective July 1, 2025, eliminating the current tiered system based on weight (previously 1-4 grams was a level 4 felony, under 1 gram was a misdemeanor)

• Repeals the "reasonable mistake of fact" defense that allowed reduced penalties when possessors could show they didn't know the substance contained fentanyl or similar opioids

• Eliminates the provision allowing courts to vacate drug felony convictions and enter misdemeanor convictions upon successful completion of probation or community corrections for these offenses

• Removes overdose immunity protections for distribution violations involving 4 grams or less of fentanyl-related substances; takes effect upon passage except possession changes effective July 1, 2025