Since the law became effective July 1, Colorado prosecutors have filed nine cases against people suspected of dealing fentanyl that killed someone, court data shows
The state’s law enforcement and prosecutors support the bill, arguing it will deter drug use and sales. But mental health experts, addiction treatment providers and harm reduction advocates oppose the bill, arguing that increasing criminal penalties does not deter drug use and tying criminal charges to overdose deaths can deter people from calling 911 for help.
Of the state’s 22 judicial districts, prosecutors in three have filed cases of fentanyl distribution resulting in death: four in El Paso County, three in Larimer County and one each in Douglas and Arapahoe counties, which are represented by the same district attorney. Opponents of both the 2022 law and the 2023 bill said harsher criminal punishment for dealers is not an effective method to stop drug use.that the severity of a potential punishment does not work as a deterrent to drug use or sales, though the certainty of getting caught can.
At least four of the nine defendants also struggled with addiction, court records show. The girlfriend of one of the defendants said she and the defendant “do drugs and basically sell drugs in order to obtain more drugs.”One of the challenges of investigating fentanyl deaths is the overwhelming number of them, law enforcement officials interviewed for this story said.
Despite the creation of a five-detective fentanyl overdose investigation unit, Denver police have not yet brought any cases of fentanyl distribution resulting in death to prosecutors. At least 146 people have died of fentanyl in Denver since the law went into effect. Since the department stood up the unit in February, detectives have investigated 67 fentanyl deaths.
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