Colorado faces rising fentanyl deaths amid proposed penalty increases

Colorado is facing rising overdose rates despite a national decline in deaths. While overdose deaths in the U.S. have decreased by nearly 14%, Colorado has seen an increase of approximately 12% since April 2025.

In response, Proposition 132 has been placed on the November ballot by the organization Advance Colorado. The proposed initiative seeks to stiffen legal penalties by making the possession of any amount of fentanyl a felony and establishing a mandatory minimum eight-year prison sentence for fentanyl distribution.

Legal complexities regarding these penalties were recently addressed by the Colorado Supreme Court in People v. Beverly (2025). The court clarified the application of fentanyl death enhancements, which allow prosecutors to charge distributors with a level 1 drug felony if the sale is the ‘proximate cause’ of a death. This distinction can increase presumptive sentencing ranges from 2–4 years to 8–32 years. The court noted that while proximate cause is a legal causation standard, an unforeseeable intervening cause, such as a purchaser’s suicidal intent, may be relevant to the determination.