Five ways to make criminals stop dealing fentanyl
Fentanyl is the deadliest drug threat facing this country. It is a highly addictive man- made opioid that is 50 times more potent than heroin. Just two milligrams of fentanyl, the amount that fits at the tip of a pencil, is a potentially deadly dose.
“It is an ever- changing threat, compounded by the fact that the abundant supply of this deadly drug has made it significantly cheaper than it was just two years ago. We will continue to evolve in our approach as well, using all of the tools at our disposal to try to stop this epidemic,” said Cole Finegan, the United States attorney for the District of Colorado.
According to the Rocky Mountain High Intensity Drug Trafficking Area, from 2017 to 2021 fentanyl seizures increased 332%. In 2022, 4.8 million dosage units ( pills and pure fentanyl powder combined) were seized in our region. That was a 189% increase over the prior year. According to HIDTA, there is so much fentanyl on our streets that the average dosage ranges from $ 3 to $ 10. In 2017, it was $ 20 to $ 100.
Not only is there more fentanyl on the streets, but the pills are also deadlier. DEA laboratory testing in 2022 revealed that six out of ten pills contained a potentially lethal dose of fentanyl.
The DEA has advised the public of an alarming trend of “rainbow” colored fentanyl pills that drug traffickers are using to drive addiction among teens.
Meaningfully addressing the fentanyl crisis requires a multifaceted approach and it’s clear that Colorado’s work this past session, while significant, isn’t enough.
During the last legislative session, Colorado directed $ 29 million toward harm- reduction tools and launched a public education campaign. Colorado also allocated $ 7 million to a grant program for law enforcement to better investigate fentanyl cases and it made it a felony to possess at least one gram of fentanyl, which can kill 500 people.
These are good starts, but Colorado must continue to increase funding for evidencebased harm reduction and prevention solutions. In addition to providing more resources for addiction treatment, here are five things the legislature could do this session.
1. Colorado law needs to be strengthened when someone dies from the illegal distribution of fentanyl. Colorado sentencing laws are currently de
terminatively based on the amount of fentanyl and that shouldn’t be the case. If the person distributed 50 grams there would be a minimum mandatory sentence of 12 years when there is a death. However, if the person distributed 0 grams to 4 grams and someone dies, there is no mandatory minimum sentence, so a defendant could receive a sentence of fewer than eight years including only probation.
Clorado senators Byron Pelton, a Republican, and Kyle Mullica, a Democrat, introduced Senate Bill
109. The legislation would make distribution of all other drug- related deathsbesides fentanyl a level 1 drug felony — with a mandatory minimum sentence of eight years and a maximum of 32 years. This bill should also apply to fentanyl and the mandatory minimum sentence should be 16 years with a maximum sentence of 48 years, similar to second- degree murder.
2. Legislation should significantly enhance criminal penalties for drug dealers who manufacture fentanyl resembling candy or knowingly distribute fentanyl to minors.
3. Enhanced penalties should also apply when drug traffickers employ a person under the age of 18 in drug distribution operations.
4. A new crime similar to internet sexual exploitation of a child could establish stiff penalties for drug dealers attempting to distribute to children through the internet and social media.
5. Finally, these offenses are not treated as crimes of violence. Sentences for crimes of violence are subject to more time in prison before being eligible for parole. The legislature could add all drug distribution crimes involving children and schools be re- classified as crimes of violence, thereby requiring 75% time served before parole eligibility.
Boulder County District Attorney Michael Dougherty has been at the forefront of prosecuting and helping draft policy changes. Dougherty aptly said, “if we recognize drug addiction and drug- related deaths as a public health crisis, then Colorado must provide more treatment for those caught in the throes of addiction. And the dealers who prey and profit off this crisis must be held fully accountable, especially those who harm kids. Colorado has taken positive steps to address this crisis in a comprehensive manner, but there is more work to be done and there are lives at stake.”
It’s time for the governor and legislators to roll up their sleeves and get back to the table.