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SB 25-044

Synthetic Opiates Criminal Penalties

2025 Regular Session Introduced by Ryan Armagost and 1 co-sponsor

SB 25-044 aimed to toughen penalties for synthetic opiate offenses, increasing sentences and costs for offenders, but was postponed indefinitely by the Senate Judiciary Committee.

Senate Committee on Judiciary Postpone Indefinitely
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Bill Summary · SB 25-044

Summary of SB 25-044: Synthetic Opiates Criminal Penalties

Bill Information:
- Bill Number: SB 25-044
- Title: Synthetic Opiates Criminal Penalties
- Status: Postponed Indefinitely by the Senate Committee on Judiciary
- Introduced: January 08, 2025
- Prime Sponsors: Sen. Pelton B., Rep. Armagost

Purpose and Intent

SB 25-044 aimed to increase criminal penalties associated with the distribution, manufacturing, dispensing, selling, and possession of synthetic opiates, specifically fentanyl, carfentanil, and benzimidazole opiates. The bill sought to address the growing concerns over synthetic opiate abuse and its associated health risks, including overdose deaths.

Key Provisions

The bill proposed significant changes to the classification of offenses related to synthetic opiates:

1. Unlawful Distribution, Manufacturing, Dispensing, or Sale

  • Reclassification to Level 1 Drug Felony: The bill would have classified the distribution, manufacturing, dispensing, or sale of any amount of synthetic opiates as a level 1 drug felony. Previously, this was classified based on the amount involved:
    • Level 1 Felony: More than 50 grams or if the distribution resulted in death.
    • Level 2 Felony: Between 4 and 50 grams.
    • Level 3 Felony: Less than 4 grams.
  • Removal of Immunity: The bill eliminated the immunity from prosecution for individuals who report an overdose if their actions were the proximate cause of death.

2. Possession of Synthetic Opiates

  • Reclassification to Level 4 Drug Felony: Possession of synthetic opiates would have been classified as a level 4 drug felony, changing the previous classifications:
    • Level 4 Felony: 1 to 4 grams.
    • Level 1 Misdemeanor: Less than 1 gram, with a defense for lack of knowledge about the substance.

3. Sentencing Changes

  • Mandatory Sentencing: Defendants convicted of a level 1 drug felony would face a mandatory sentence of 8 to 32 years. The bill removed the aggravating circumstance that increased the sentence to 12 to 32 years if the distribution caused death.

4. Removal of Vacating Felony Provision

  • The bill would have removed the ability to vacate a felony conviction for possession of synthetic opiates upon successful completion of a community-based sentence.

Impact

Affected Parties

  • Individuals Convicted of Drug Offenses: The reclassification of offenses would have led to longer sentences for many individuals previously convicted under lower classifications.
  • State and Local Governments: The bill was projected to require an appropriation of approximately $1.1 million for FY 2025-26, impacting state expenditures significantly, with projected costs increasing to $4.68 million by FY 2026-27.

Fiscal Implications

  • State Revenue and Expenditures: The bill was expected to generate additional state revenue of $39,033 in FY 2025-26, increasing to $122,541 in FY 2026-27.
  • Increased Incarceration Costs: The reclassification would likely lead to increased incarceration costs due to longer sentences.

Procedural Aspects

  • The bill was introduced and assigned to the Senate Judiciary Committee but was postponed indefinitely on February 10, 2025, meaning it will not advance further in the legislative process.

Conclusion

While SB 25-044 aimed to strengthen penalties for synthetic opiate-related offenses in response to public health concerns, its indefinite postponement means that these proposed changes will not be enacted at this time. The bill's fiscal implications and potential impacts on the criminal justice system were significant, reflecting ongoing challenges in addressing substance abuse and its consequences.

Compiled from official sources — confirm details with the bill’s official record.

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