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Legislative Year: 2022 Change
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Bill Detail: HB22-1326

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Title Fentanyl Accountability And Prevention
Status Signed by the President of the Senate (05/25/2022)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors A. Garnett (D)
M. Lynch (R)
Senate Sponsors B. Pettersen (D)
J. Cooke (R)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 03/25/2022
Summary

The bill makes the unlawful possession of any material,
compound, mixture, or preparation that weighs more than 4 grams and
contains any amount of fentanyl, carfentanal, or an analog thereof a level
4 drug felony.
The bill creates an exemption to the unlawful possession of a
controlled substance offense for employees, agents, or volunteers of
certain agencies who are in possession of the controlled substance,
including fentanyl, carfentanal, or an analog thereof, for the purpose of
safe disposal of the controlled substance.
The bill makes the unlawful distribution, manufacturing,
dispensing, or sale of a material, compound, mixture, or preparation
containing fentanyl, carfentanal, or an analog thereof:
  • A level 1 drug felony if it weighs more than 50 grams;
  • A level 2 drug felony if it weighs more than 4 grams, but
not more than 50 grams; and
  • A level 3 drug felony if it weighs not more than 4 grams.
The bill makes it a level 1 drug felony if the defendant unlawfully
distributed, manufactured, dispensed, or sold a material, compound,
mixture, or preparation containing fentanyl, carfentanal, or an analog
thereof, and a person died as a proximate cause of using or consuming it.
The bill makes a defendant a special offender, making them
subject to a level 1 drug felony, if:
  • The defendant introduced or imported into Colorado any
material, compound, mixture, or preparation that weighs
more than 4 grams and contains fentanyl or carfentanal; or
  • The defendant unlawfully distributed, manufactured,
dispensed, or sold a material, compound, mixture, or
preparation containing fentanyl or carfentanal, and the
defendant possessed pill or tablet manufacturing equipment
with the intent to use the equipment in the manufacture of
a controlled substance.
For certain offenses, the bill requires a court to order placement in
a residential treatment facility for treatment of an addiction that includes
fentanyl, carfentanal, or an analog thereof as a condition of probation if
recommended pursuant to a substance abuse assessment. Furthermore, for
certain offenses, a court is required to order a fentanyl education class,
which is developed by the office of behavioral health.
The bill expands the list of eligible entities that are eligible for
standing orders to receive opiate antagonists.
The bill creates immunity from civil liability for certain persons
who or entities that act in good faith to furnish a non-laboratory synthetic
opiate detection test to another person.
The bill requires a jail, upon release, to provide opiate antagonists
and prescribe medication for an opiate use disorder to certain persons.
The bill requires community corrections programs to assess
individuals residing in the programs for substance use withdrawal
symptoms and develop protocols for medical detoxification monitoring,
medication-assisted treatment, and other appropriate withdrawal
management care.
The bill permits the correctional treatment board to direct money
in the correctional treatment cash fund for drug overdose prevention,
opiate antagonists, and non-laboratory synthetic opiate detection tests.
The bill permits a school district board of education, the charter
school institute, or governing board of a nonpublic school to adopt and
implement a policy to permit a school to acquire and maintain
non-laboratory synthetic opiate detection tests and furnish them on school
grounds.
For the 2022-23 fiscal year, the bill requires the appropriation of
$20 million from the behavioral and mental health cash fund to the opiate
antagonist bulk purchase fund.
For the 2022-23 fiscal year, the bill requires the appropriation of
$300,000 to the department of public health and environment for the
purchase and distribution of non-laboratory synthetic opiate detection
tests to eligible entities.
The bill requires the department of public health and environment
to develop and implement a statewide fentanyl prevention and education
campaign.
The bill expands the types of entities that are eligible for a harm
reduction grant and the permissible uses of the grant funds. For the
2022-23 fiscal year, the bill requires the appropriation of $6 million from
the behavioral and mental health cash fund to the harm reduction grant
program cash fund.
The bill requires a jail that receives funding through the jail-based
behavioral health services program to develop protocols for
medication-assisted treatment and withdrawal management care and
develop and implement a policy that describes the provision of
medication-assisted treatment to individuals upon release. For the
2022-23 fiscal year, the bill requires the appropriation of $3 million from
the behavioral and mental health cash fund for these purposes.
The bill requires each managed service organization to evaluate
current supply and necessary demand within its region for certain harm
reduction and treatment services and report their findings to the general
assembly.
The bill requires the legislative services agencies of the general
assembly to perform a post-enactment review of certain criminal
provisions 3 years following the act becoming law.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (05/06/2022) (most recent)  
Additional Bill Documents Bill Documents
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  • Past fiscal notes
  • Committee activity and documents
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