Colorado prison bill passes with 52.7% vote, costing state $142 million over five years

Colorado voters approved Proposition 132 on Friday, increasing penalties for fentanyl and other synthetic opiates. The Associated Press called the race at 9:51 a.m. with 52.7 percent of the votes counted in favor and 47.3 percent opposed. The new law takes effect in 2027.

Under the measure, manufacturing, distributing, or selling fentanyl, carfentanil, or benzimidazole opiates becomes a Level 1 drug felony. That offense carries a prison sentence of eight to 32 years. Possessing between one and four grams of a substance containing these synthetic opiates becomes a Level 3 drug felony, punishable by up to four years in prison. Possession of up to one gram becomes a new Level 4 treatment-mandated drug felony. That offense carries up to one year in prison, though completion of a court-ordered treatment program allows for reduction to a misdemeanor.

Nonpartisan legislative analysts estimate the law will cost the Colorado Department of Corrections an additional $7.5 million in its first full year. The five-year cost is approximately $142 million. These figures do not include the potential expense of reopening a prison if the state runs out of space. Building a new facility could add upwards of $400 million in costs, according to the same nonpartisan estimate. The judicial system is expected to need nearly $1.4 million more in its first full year to hire additional court staff and public defenders.

State law currently allows for lighter sentences, such as probation and treatment, for certain offenders. It also prohibits state prison for those possessing small amounts of fentanyl without intent to distribute. The new measure is projected to increase the state's prison population. Lawmakers are already discussing how to tweak the provisions. Gov.-elect Phil Weiser and Democrats in the state legislature said they are in talks regarding adjustments to Proposition 132 and other ballot measures.

The vote follows years of debate over the opioid crisis and the spread of fentanyl, which has caused a surge in overdose deaths. Fentanyl has been blamed for roughly 1,000 annual overdose deaths in Colorado since 2021. Advance Colorado, a conservative political nonprofit that does not disclose its donors, brought the measure to voters. Common Sense America, another conservative nonprofit with undisclosed donors, spent large sums to pay signature gatherers. Brighter Colorado, an issue committee that backed the measure, raised about $6.1 million, mostly from conservative nonprofits. Coloradans for Real Safety Solutions opposed the measure, raising about $1.1 million. Major donors included Lynn Schusterman, the ACLU of Colorado, and the Colorado Criminal Justice Reform Coalition.