Companion measure proposes tiered penalties for fentanyl possession; staff asks for clearer tiers and effective-date language

Proponents presented Proposed Initiative 63 at the same review session that covered Initiative 62. Measure 63 similarly seeks to reclassify many fentanyl-related offenses and to create a four-tier possession penalty structure where severity correlates to the weight of the contraband. Proponents said the measure narrows the existing vacatur provision so that courts may only convert certain felony convictions to misdemeanors when the substance weighed above 6 mg but no more than 100 mg and the defendant successfully completed a community-based sentence.

Reviewers emphasized drafting clarity: they asked proponents to confirm units (milligrams versus grams) across tiers and to add an applicability clause linked to the effective date of January 1, 2027, so the statute would clearly apply to offenses committed on or after that date. Proponents agreed to make those clarifications in a revised submission.

Staff also noted prior memoranda and public meetings that addressed earlier versions of these initiatives; they indicated prior comments remain part of the record and should be considered by proponents. The hearing concluded with staff offering no other technical comments beyond those already raised for Initiative 62.