7FC1AE5F44EE5BCF87258AD90010B4BF Hearing Summary

Representative Lynch, prime sponsor, presented House Bill 24-1306, concerning an increase in the criminal penalty associated with possession of synthetic opiates. Representative Lynch explained the merits of the bill and need for it. He discussed fentanyl deaths. Representative Lynch responded to questions regarding factors driving fentanyl deaths, and data associated these deaths. Representative Lynch responded to further questions regarding his efforts to attain data from state agencies, and sentencing for certain crimes associated with controlled substances. Discussion ensued regarding the fiscal impact of the bill. Representative Lynch responded to questions regarding diversion under the bill, and the potential deterrent effect of the penalties in the bill.  Public comment on HB 24-1306 may be found at Attachment J.

Ms. Debby Garcia, representing themself, testified in support of the bill.

Ms. Miki Sedivy, representing herself, testified in support of the bill.

Ms. ANDREA THOMAS, representing VOICES FOR AWARENESS FACING FENTANYL, testified in support of the bill.

Mr. MICHAEL FIORE, representing himself, testified in support of the bill.

Mr. Fiore responded to questions regarding how he came into recovery from controlled substance addiction, and the potential effect of the increased penalties under HB 24-1306. Discussion ensued regarding penalizing those who are unaware that they have fentanyl. Mr. Fiore responded to further questions regarding his recovery.

Mr. CHARLES THOMAS, representing himself, testified in support of the bill. Ms. Tricia Otto, representing herself, testified in a neutral position on the bill. Ms. Kira O'Connor, representing herself, testified in support of the bill. Marshall Weaver, representing themself, testified in support of the bill. DeputyChief Sadar, representing Colorado Association of the Chiefs of Police - Commerce City Police Department, testified in support of the bill. Mr. Weaver responded to questions regarding the knowledge of drug dealers of changing drug laws, and motivations for dealing drugs. Deputy Sadar responded to questions regarding the position of law enforcement on certain legislation passed in past legislative sessions. Ms. Otto responded to questions regarding the basis of her support for the bill.

Ginny Burton, representing themself, testified in support of the bill. Ms. Burton responded to questions regarding escaping addiction.

Dr. Katherine LeMasters, representing herself, testified in opposition to the bill.

Dr. Hannan Braun, representing himself, testified in opposition to the bill.

Ms. Racquel Garcia, representing herself, testified in opposition to the bill.

Jeremy Jon-Pavlik Wiebelhaus, representing himself, testified against HB 24-1306.

Dr. LeMasters responded to questions regarding drug overdose following incarceration, and the deterrent impact of a felony charge in comparison to a misdemeanor charge. Discussion ensued regarding what prompted two of the witnesses to seek recovery from addiction. Dr. Braun responded to questions regarding the effects of fentanyl. Discussion followed regarding incorporating experiences into policy. Ms. Garcia provided additional comments on her experiences.

Ms. Betsy Craft, representing the Colorado Drug Policy Coalition, testified in opposition to the bill.

Jason Vitello, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to HB 24-1306.

Andrew West, representing Colorado Coalition for the Homeless, testified in opposition to the bill.

Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill.

Discussion ensued regarding the impacts of defelonization of certain drug-related crimes, and methods for deterring drug use. Discussion followed regarding how to implement the bill, and the amount of the substances listed in the bill that would trigger felony charges.

Brea Consella, representing herself, testified in opposition to HB 24-1306.

Devon Peavy, representing Sobriety House, testified in opposition to the bill.

Mr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in opposition to the bill.

KRYSTYN HARTMAN, representing themself, testified in opposition to the bill.

Discussion ensued regarding potential deterrent effects with respect to illegal substances.

Representative Lynch explained the effect of amendment L.001 (Attachment K). Discussion ensued regarding the effect of the bill.

Representative Lynch provided closing remarks in support of HB 24-1306. Various committee members provided their positions on the bill.