Colorado voters will decide in November whether to significantly increase the potential criminal penalties for the use and distribution of fentanyl and other synthetic opioids.
Proposition 132 would mandate prison time for people convicted of distributing any amount of fentanyl, make it a felony to possess any amount of the drug and limit the discretion judges have to adjust punishment based on the facts of each case.
The measure is among ballot initiatives backed this year by conservative groups, including Advance Colorado, in this case to push back against what they see as inadequate action by the state legislature to toughen fentanyl-related penalties.
Fentanyl has over the last several years become Colorado’s leading cause of overdose deaths, accounting for 980 deaths in 2025, up from just 102 in 2018, according to the .
Because Prop 132 would change state law, rather than add new language to the state constitution, it needs only a simple majority to pass in the Nov. 3 election.
What would Prop 132 do if passed?
The measure would require longer prison sentences for people convicted of distributing fentanyl.
Under current state law, the most serious drug dealers — people who distribute over 50 grams of fentanyl — must be sentenced to between eight and 32 years in prison. People who deal smaller amounts face less or no prison time. Those who deal between four and 50 grams of fentanyl can be sentenced to between four and eight years in prison, while those who distribute fewer than 4 grams can face between two and four years in prison. Prison time is generally not mandatory on the lower-level offenses.
Prop 132, if it passes, would require that people who distribute any amount of fentanyl would be required to serve between eight and 32 years in prison. Judges would not have the authority to sentence dealers to other punishments besides prison.
The proposition would also make it possible for people to go to prison for up to one year for possessing less than 1 gram of fentanyl, an offense that currently is punished without prison time. People who possess up to 4 grams of fentanyl could be sentenced to up to four years in prison, an offense that currently carries no more than one year in prison.
What would it cost?
New mandatory prison sentences for fentanyl dealing would increase state spending by roughly $68 million after five years, as people are imprisoned for longer periods of time, according to . The measure would increase the number of people in prison and might force the state to construct a new prison, the Blue Book says.
What do supporters say?
Supporters argue that mandating prison time for people who distribute any amount of fentanyl would disrupt the drug market by removing dealers from the street, the Blue Book says. They suggest that making possession of fentanyl a felony could deter substance abuse, and say that the heavier penalties for the drug are necessary because of how potent and deadly fentanyl is.
What do opponents say?
Opponents say the effort treats people who distribute small amounts of fentanyl like major drug dealers and would funnel people into lengthy, expensive prison sentences without addressing the overall issue of drug addiction, the Blue Book says. The measure is unlikely to deter fentanyl use or prevent overdose deaths, opponents say, and might discourage people from seeking treatment or help out of fear of criminal prosecution.
