DENVER (KDVR) — The apparent overdose deaths of five people in Commerce City has Colorado lawmakers discussing if they need to enhance penalties for possession and distribution of fentanyl.
Whoever supplied the drugs that killed five people inside an apartment Sunday probably won’t face murder charges. Proving murder requires showing an intent to kill, Adams County District Attorney Brian Mason told FOX31. That means manslaughter charges might be the most he could file — if he ever identifies a suspect.
“But that’s not strong enough, and it doesn’t provide enough of a deterrent to these drug dealers,” Mason said.
Mason said he’s more interested in holding drug dealers responsible than drug users, especially in a case where five people died probably having no idea their narcotics were likely laced with fentanyl.
“I don’t want to lock someone up who is a drug user and has a small amount of drugs that they use to feed their addiction. I want to get them help,” Mason said.
That thinking was part of the motivation behind House Bill 1263, passed in 2019 with near-unanimous support from Democrats and Republicans.
The measure reduced drug possession of 4 grams or less of most drugs — including cocaine, heroin, meth and fentanyl — from a felony to a misdemeanor.
Several Colorado prosecutors, including Mason, said when it comes to fentanyl, 4 grams is still too much.
“2 milligrams is a lethal dose, so 4 grams of fentanyl could potentially kill over a thousand people. That’s a problem, and that’s clearly more than a misdemeanor,” Mason said.
Rep. Leslie Herod (D) sponsored HB 19-1263 with Rep. Shane Sandridge (R) and told FOX31 she’s not convinced reducing many drug possessions to misdemeanors was a mistake.
Herod said the goal is to craft laws that offer treatment and recovery to addicts while providing prison to dealers.
“We need to deal with the dealers who are providing this deadly drug into our community, and we need to throw the book at them. We need to get people who want treatment access to treatment so they’re not dying at the hands of this poison,” Herod said.
House Speaker Alec Garnett (D) said it would be wrong for anyone to politicize the 2019 bill that passed with bipartisan support.
“There’s a lot of work being done on fentanyl and there will be more on that issue to come soon,” Garnett said in a virtual call with reporters Tuesday morning.
On Tuesday afternoon, state Sen. Barbara Kirkmeyer (R) released a statement calling on her colleagues to reverse the 2019 bill that decriminalized many fentanyl cases.
“Since 2019, in just two short years, Colorado has experienced the second-fastest growth rate in fentanyl deaths in the nation. We went from 147 deaths in 2019 to 709 deaths in 2021, an increase of 382%,” Kirkmeyer said.
“I call on my fellow legislators, anyone willing to right this wrong, please join me. Let’s work together, get late bill status, recriminalize fentanyl, and put the safety of Coloradans first,” she said.
A spokesperson for Gov. Jared Polis released the following statement:
“The governor looks forward to working with the legislature on a thoughtful package around how we can reduce fentanyl abuse and deaths, including increased penalties. Saving lives is not a partisan issue, which is why the Governor’s comprehensive public safety plan has the support of district attorneys, community and law enforcement leaders.”