{"id":91569,"date":"2019-11-26T00:31:32","date_gmt":"2019-11-26T00:31:32","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/new-colorado-law-makes-possessing-13000-fatal-fentanyl-doses-a-misdemeanor\/"},"modified":"2019-11-26T00:31:32","modified_gmt":"2019-11-26T00:31:32","slug":"new-colorado-law-makes-possessing-13000-fatal-fentanyl-doses-a-misdemeanor","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/new-colorado-law-makes-possessing-13000-fatal-fentanyl-doses-a-misdemeanor\/","title":{"rendered":"New Colorado law makes possessing 13,000 fatal fentanyl doses a misdemeanor"},"content":{"rendered":"\n

\"Jason
Jason Dunn, Colorado\u2019s U.S. attorney, photographed on Friday, April 12.<\/span>Jesse Paul\/The Colorado Sun<\/span><\/figcaption><\/figure>\n<\/p>

Colorado\u2019s top federal prosecutor is sounding the alarm over a new state law that potentially makes possessing thousands of fatal doses of synthetic opioids a misdemeanor, saying it sends the wrong message as law enforcement and health officials are warning the public about the substances\u2019 danger.<\/p>\n

State lawmakers earlier this year passed a bill that made possession of 4 grams or less of most drugs a misdemeanor instead of a felony starting next year. The goal was to reduce incarceration for those caught with narcotics such as cocaine or heroin.<\/a><\/p>\n

But U.S. Attorney Jason Dunn says when it comes to the potent opioids, that amount is the equivalent of more than 13,000 fatal doses of fentanyl and more than 200,000 fatal doses of carfentanil.<\/p>\n

Fentanyl, which is fatal to humans at about 2 or 3 milligrams, is 50 times more potent than heroin and 100 times more potent than morphine. Carfentanil is approximately 100 times more potent than fentanyl.<\/p>\n

\u201cWe\u2019re sending mixed messages at a time when we\u2019re trying to raise the public\u2019s awareness about the damage that fentanyl can do and the risk of overdose,\u201d Dunn said.<\/p>\n

Dunn\u2019s comments come after his office last week announced federal charges against two men arrested after Denver police found a kilogram of fentanyl in a home in the southwest corner of the city. Last year, federal prosecutors sent two people to prison for selling almost 100% pure fentanyl as \u201cWhite China\u201d heroin, which resulted in at least three overdose deaths in Colorado.<\/p>\n

House Bill 1263 makes possession of up to 4 grams of almost all drugs for personal use a misdemeanor, with exceptions for \u201cdate-rape drugs\u201d like flunitrazepam, ketamine and gamma hydrozybutyrate, also known as GHB, which remain a felony to posses in any amount. It also remains a felony to possess any amount of cathinones, also known as \u201cbath salts.\u201d<\/p>\n

The legislation goes into effect on March 1.<\/p>\n

\u201cOne of the things that I see our job as is to raise public awareness about what new drugs are coming into Colorado and how we are going to treat those who choose to bring those drugs here,\u201d said Dunn, who was appointed by President Donald Trump. \u201cUnder federal law, we take fentanyl very seriously. It\u2019s a substantial risk to the public.\u201d<\/p>\n

Dunn said the federal sentencing range for possessing 4 grams of fentanyl is between one and four years in federal prison. The new state law doesn\u2019t change federal law or how Dunn can enforce it.<\/p>\n

The Colorado District Attorneys\u2019 Council, which represents the state\u2019s 22 elected district attorneys, said they would like to see the bill revisited in the upcoming legislative session, which begins in January, and for language to be included that would make possessing any level of fentanyl a felony.<\/p>\n

State Rep. Leslie Herod, a Denver Democrat and one of the lead sponsors of the bill defelonizing most personal-use drug possession, said people might be in possession of fentanyl and not realize it since the drug is often mixed in with other substances and if it were a felony to possess it at any level, people could be unfairly facing prison time.<\/p>\n

Herod also points out that other states have defelonized personal-use drug possession and that the bill was originally drafted without the 4 gram limit, leaving the amount open-ended. She said that threshold was put in place at the request of law enforcement.<\/p>\n

\u201cI do think that the limit is somewhat arbitrary,\u201d she said, \u201cbut I don\u2019t think that opening it up to decreasing (the possession amount) for fentanyl would really get at what the problem is, and that problem is addiction. We cannot incarcerate ourselves out of addiction.\u201d<\/p>\n

At the same time, Herod said, \u201cif law enforcement is concerned about getting these drugs off the street, nothing in this bill stops them.\u201d<\/p>\n

State Rep. Shane Sandridge, a Colorado Springs Republican who also was a prime sponsor of the bill, rejected the argument that making possession of any amount of fentanyl serves as a deterrent. \u201cIf you\u2019ve dealt with people in high-level addiction, it\u2019s almost laughable that you would think a felon label will deter them,\u201d said Sandridge, a former police officer. \u201cIt\u2019s ludicrous.\u201d<\/p>\n

Sandridge also thinks the measure, as is, will save Colorado taxpayers money by directing people dealing with addiction into treatment instead of jails and prisons. \u201cI think this bill could be one of the biggest money-saving bills of the year,\u201d he said. Colorado Gov. Jared Polis, who signed House Bill 1263 into law, echoed the sentiments of Herod and Sandridge.<\/p>\n

\u201cThis year, Democrats and Republicans worked together to pass a bipartisan new law because there is no way to tackle the mass incarceration crisis without dealing with drug offenses,\u201d Polis\u2019 spokesman, Conor Cahill, said in a written statement. \u201cThe bill allows for district attorneys to charge for intent to distribute if there is evidence that supports that. Fentanyl is a deadly and dangerous substance that has exacerbated the opioid crisis and taken the lives of too many individuals.\u201d<\/p>\n

Tom Raynes, executive director of the district attorneys\u2019 council, said it\u2019s not necessarily true that it\u2019s so easy to charge someone with a felony drug distribution charge. Besides, he argues, part of making fentanyl possession a felony is that it\u2019s a deterrent.<\/p>\n

\u201cWhy don\u2019t we put the brakes on implementation,\u201d he said. \u201cIt\u2019s a bill with good intent, but it wasn\u2019t complete.\u201d<\/p>\n

Raynes said he would also like to see more money accompany the bill to help build out addiction treatment before most drug possession is defelonized. Right now, he thinks the legislation puts people suffering through substance abuse \u201con the streets without giving them the necessary and adequate treatment, both in terms of providers and clinics that would actually treat it as a health issue.\u201d<\/p>\n

The legislation passed the Colorado legislature with bipartisan support, clearing the Senate on a 20-15 vote and the House on a 43-20 vote.<\/p>\n

The Colorado Sun is a reader-supported, journalist-owned news outlet exploring issues of statewide interest. Sign up for a newsletter and read more at coloradosun.com.<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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