Colorado voters approved Proposition 132, which makes possession of any amount of fentanyl a felony with possible prison time and limits judicial discretion. People convicted of distributing any amount of fentanyl face a mandatory prison sentence of eight to 32 years. The measure also eliminates reduced penalties in “Good Samaritan” cases, meaning people who call 911 to report an overdose have less protection if they shared or sold the drugs.
Boulder County District Attorney Michael Dougherty, who campaigned against the measure, said his office is assessing its impact. He said he wants more treatment funding for people addicted to fentanyl, a powerful synthetic opioid that has driven overdose deaths in recent years.
“People struggling with addiction will be sentenced to jail or prison when treatment is not an option,” he said. “For our office, to match the increase in felony cases, we will need to increase treatment options in Boulder County. That will require additional funding.”
Dougherty said his office is also reviewing how the measure affects Good Samaritan protections in overdose cases. “I am determined to work with the County and the Legislature to develop the best possible structure for handling fentanyl cases,” he said.
Dougherty said his office filed 69 misdemeanor fentanyl possession cases in 2025. The measure takes effect Jan. 1, 2027. A legislative analysis estimated it will cost the state about $68 million by its fifth year, as more people are sent to prison for possession and distribution, and for longer.