Committee adopts amendment to increase penalties for fentanyl possession and advances bill to full judiciary

Leader Lambert presented amendment code 4-908 to House Bill 12-32, framing fentanyl as an ``absolute killer'' and saying the proposal would mirror prior approaches to the methamphetamine epidemic. The amendment, as described, would impose a 30-day mandatory minimum for convictions involving fentanyl or fentanyl analogs and would clarify that deaths by fentanyl overdose can be treated as potential homicide cases when appropriate.

Representative Powell asked whether a person who unknowingly possessed a drug laced with fentanyl would face enhanced penalties. The sponsor and other legislators said charging and sentencing discretion remain during investigation and prosecution, and the 30-day mandatory minimum would apply only after conviction. Sponsors said officers and prosecutors retain discretion before conviction and judges may consider mitigating factors at sentencing.

The committee voted to adopt amendment 4-908 and then voted to send House Bill 12-32 as amended to full judiciary. The clerk reported 7 ayes, 0 nays, and 2 present-not-voting on the committee vote to advance the bill.

Supporters said the measure aims to reduce fentanyl-related deaths and to create avenues to treat certain overdose scenes as potential homicides. Opponents in the floor discussion raised concerns about unintended effects on people who unknowingly possess laced drugs; sponsors pointed to prosecutorial and judicial discretion during charging and sentencing.