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HomeProposition 132: Stance

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PROPUESTA 132 EN ESPAÑOL

BALLOT MEASURE SUMMARY

This citizen initiative proposes changing the Colorado Revised Statutes. It would increase the felony classifi cations and prison sentencing ranges required for fentanyl and certain synthetic opioid offenses in every category (manufacture, dispensing, sale, distribution, and possession); create mandated treatment for certain drug felony violations based on possession amount; and narrow or eliminate sentencing exemptions, limiting judges’ ability to take individual circumstances into consideration when determining criminal sentences.

BACKGROUND

Colorado lawmakers in 2019 passed HB19-1263, which reduced the possession of less than 4 grams of most controlled substances from a felony to a misdemeanor, a change that supporters, including the Colorado Criminal Justice Reform Coalition, at the time called a step toward treating drug use as a matter of public health rather than criminal justice. The bill was signed into law just as overdoses from synthetic opioids like fentanyl were surging. Public health researchers attribute the surge in large part to the aggressive crackdown on the supply of opioid medications like OxyContin in response to the 2010s opioid crisis, which led dealers and people with substance use disorders to seek alternatives.

Under pressure from prosecutors and law enforcement offi cials, state lawmakers in 2022 rolled back HB19-1263 and made possession of more than 1 gram of any compound containing fentanyl a felony again. Proponents of this ballot measure, led by the advocacy organization Advance Colorado, believe that the existing penalties are insuffi cient and that stricter laws are needed to combat the crisis.

LINK TO FISCAL NOTE

The ballot measure will increase state revenue by moving current fees and fi nes for misdemeanor offenses collected by the Denver County Court to fees and fi nes for felony offenses collected in state district court, while increasing state expenditures associated with more judges hearing additional cases in state district court, and public defenders providing services to defendants in longer, more complicated felony cases. The same factors will increase costs at the local government level, with the exception of Denver County Court.

Incarcerating additional individuals in state prison will reduce workforce participation, which may reduce economic activity from labor and spending and may increase government spending on prisons and social welfare programs. To the extent that the ballot measure decreases criminal activity or mandated drug treatment reduces illegal drug use, those otherwise impacted by crime or drug use may experience better economic outcomes.

LEAGUE POSITION

LWVUS believes alternatives to imprisonment should be explored and utilized, taking into consideration the circumstances and nature of the crime. LWVUS opposes mandatory minimum sentences for drug offenses. (2024-2026 LWVUS Impact on Issues, p. 184)

The League of Women Voters supports reliance on evidence-based research in decision-making about criminal justice programs and policies. (2024-2026 LWVUS Impact on Issues, p. 137)

LWVCO believes that after considering both aggravating and mitigating circumstances, judges should use the least costly form of punishment consistent with the crime and the offender. Prison should be used primarily for violent offenders. (2025 LWVCO Positions for Action, p. 120)

LWVCO believes in expanding the use of intermediate sanctions for nonviolent offenders and in parole revocation for technical violations. Intermediate sanctions include community corrections, community service, electronic monitoring, intensive supervision probation, restitution, work release, fi nes, and required community-based treatment for use of alcohol and illegal drugs. We also believe in allowing judges greater discretion in determining the place of sentence by reducing the number of offenses that require mandatory prison sentences. (2025 LWVCO Positions for Action, p. 121)

RATIONALE FOR STANCE

Imprisoning a drug offender for longer periods of time does not solve their drug addiction issues or lessen the societal costs of drug addiction. The absence of any relationship between states’ rates of drug imprisonment and drug problems suggests that expanding imprisonment is not likely to be an effective drug control and prevention strategy. In addition, this ballot measure mandates sentences for fentanyl-related crimes and takes away a judge’s discretion to consider circumstances of individual cases when handing down sentences.

https://www.pew.org/en/research-and-analysis/issue-briefs/2018/03/more-imprisonment-does-not-reduce-state-drug-problems

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HOW DOES THE LEAGUE TAKE A STANCE?

These two publications are designed to help League members use LWVUS and LWVCO public policy positions effectively at the state and local levels.

NOTE: For information on how to take action that the League supports or opposes, please visit our Take Action page.

LWVCO 2026-2027 Positions for Action

LWVUS 2024 - 2026 Impact on Issues

QUICK REFERENCE GUIDE

The Legislative Action Committee is comprised of lobbyists, scholars, and members who meticulously examine each proposed measure, ensuring they are aligned with both LWVCO and LWVUS public policy issues.

DOWNLOAD THE 2026 QUICK REFERENCE GUIDE

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