John TytusColorado 2026 ballot

Proposition 132: Increase penalties for fentanyl crimes

Statute, citizen initiative. Needs a majority to pass.

What it does

Makes possession of any amount of fentanyl (or similar synthetic opioids) a felony. Someone caught with under one gram who completes court-ordered treatment can have it reduced to a misdemeanor; over one gram, no reduction. Distributing any amount would carry a mandatory 8 to 32 years in prison; today that range applies only to distribution over 50 grams, to a minor, or of at least 4 grams that caused a death. It removes the "Good Samaritan" penalty reduction in distribution cases (kept for low-level possession), requires courts to order treatment for possession under one gram, and bars judges from considering whether the person knew the drug contained fentanyl. Weight is measured on the whole mixture, not the fentanyl in it (as under current law).

Blue Book arguments

For: Fentanyl is highly potent and deadly and warrants stronger penalties than other drugs, so mandatory prison for dealers keeps them off the street, gives victims' families justice, and may deter use and reduce deaths.

Against: It's unlikely to reduce use or deaths, may keep people from seeking treatment or calling for help in an overdose, treats people who share trace amounts as major dealers, and moves money from treatment to an overcrowded prison system.

What it costs

State spending rises $0.9 million the first year, $8.9 million the second, and an estimated $68.2 million a year by year five as more people go to prison for longer, possibly requiring new prison space. County prosecutor costs also rise.

Who is paying

Money as of the Sept 21, 2026 filing.

For: no dedicated committee

Committee Raised Spent
A Brighter Colorado (six measures plus opposing NN and 87) $306,625 $35,489
Eagle County Republican Women Club $5,429 $0

$250,000 from Common Sense America (McLean VA; no donor information found as of Sept 30, 2026), $25,000 Rado Capital (Englewood oil and gas investment firm), $20,000 Advance Colorado. 82% out-of-state. Advance Colorado brought the measure.

Against: about $1.2 million, not counting Vote Common Sense

Committee Raised Spent
Coloradans for Real Safety Solutions $1,097,892 $698,028
The People’s No (81, 132, 134, 135) $100,000 $0
Vote Common Sense (nine measures) $495,000 $81,367

54% in-state. Spending so far: $400,000 to Ads for Good, Denver. It also gave Vote Common Sense $50,000.

Where the parties stand

Democrats: the Colorado Democratic Party opposes Proposition 132 (its State Central Committee positions, announced Sept 8, 2026).

Republicans: no position from the Colorado Republican Party found as of Sept 30, 2026. The Weld County Republican Party, a county party, recommends a yes vote (its Resolution WCRCC-2026-09, adopted Sept 15, 2026).

No minor-party position found as of Sept 30, 2026.

What isn't known

Who funds Common Sense America. Whether the yes side will spend anything on 132 specifically; as of Sept 21 the yes committee had spent $35,000 across all its measures.

Sources