Colorado’s Fentanyl Accountability Act was introduced in March 2022 and signed into law two months later. It creates much harsher penalties for the possession of fentanyl and mixtures containing fentanyl. Those charged with drug crimes need to be aware that even over one gram of a substance that contains fentanyl could be charged as a felony, and repeat misdemeanor offenses also carry harsh consequences.
The Basics of the Fentanyl Accountability Act
The Fentanyl Accountability Act increased the penalties for possessing smaller amounts of fentanyl. Where certain levels of possession were a misdemeanor before 2022, they are now a felony.
There were 980 drug overdose deaths in Colorado because of fentanyl in 2025. Three hundred twenty of these deaths occurred in Denver County. One of the stated goals of the Fentanyl Accountability Act is to prevent these deaths. However, a 2023 study that interviewed individuals in Colorado stated that most of the individuals believed that incarceration and increased policing were a misguided way to approach this goal.
There are other things the Act does, including:
- Provide funding for harm reduction
- Provide funding for substance use treatment for those in the justice system
- Create an assessment for substance abuse to determine the right treatment alongside sentencing
- Provide detection tests for synthetic opiates for the community
- Establish immunity for providing detection tests
- Create a prevention and education campaign
- Assess the state’s needs for substance use and harm reduction
What Are the Penalties for Fentanyl Possession Under the Fentanyl Accountability Act?
Under the changes by the Act, fentanyl charges cover offenses involving any controlled substance that contains any amount of fentanyl, as well as other synthetic opiates like benzimidazole opiates, carfentanil, and analogs.
- Possession of one gram of fentanyl. This is a level 1 drug misdemeanor. This can lead to between six and 18 months in jail and fines between $500 and $5,000.
- Repeated possession of one gram. For a fourth or subsequent offense of possession of one gram, the offense becomes a level 4 drug felony. This carries between six months and one year of imprisonment and fines from $1,000 to $100,000.
- Possession of one to four grams. This is charged as a level 4 drug felony. The law enables those accused of this offense to show evidence that they were unaware the substance contained fentanyl, which can reduce the charge to a level 1 drug misdemeanor.
- Possession of highly concentrated substances. When more than 60% of a substance is made up of fentanyl or other synthetic opiates, the charge becomes a level 2 drug felony. A level 2 drug felony can result in four to eight years of imprisonment and fines from $3,000 to $750,000.
- Distribution, manufacturing, or sale of up to four grams of fentanyl. This is a level 3 drug felony, which can result in two to four years of imprisonment and fines between $2,000 and $500,000.
- Distribution, manufacturing, or sale of four to 50 grams. This is a level 2 drug felony.
- Distribution, manufacturing, or sale of more than 50 grams. This is charged as a level 1 drug felony, which results in eight to 32 years of imprisonment.
Lack of knowledge can be a useful defense for those facing these serious charges, but the right defense will depend entirely on the specific circumstances.
FAQs
What Is the New Fentanyl Law in Colorado?
The most recent fentanyl law in Colorado was the Fentanyl Accountability Act, made law in 2022. While there have been several drug law changes in the state in 2026, they don’t solely affect fentanyl like the 2022 Act did. More recent drug law changes include changes to the use of medical marijuana in healthcare facilities and the testing required for charging certain drug possession offenses.
How Long Do You Go to Jail for the Fentanyl Accountability Act in Denver?
The amount of time you go to jail under the Fentanyl Accountability Act in Denver depends on the amount of fentanyl or fentanyl-containing controlled substance you are charged with possession of. Under the act, most fentanyl possession charges are felonies, meaning you can go to prison for several years. Only possession of less than one gram is a misdemeanor, which can result in up to 18 months in jail.
When Is It Important to Hire a Drug Crime Lawyer in Denver?
It is important to hire a top-rated drug crime lawyer in Denver as soon as you are investigated for, arrested for, or charged with any drug crime. These offenses are harshly penalized in the state, especially for high-level controlled substances. An attorney protects your rights during an investigation or arrest and helps you build a defense. The support of an attorney early in your case can improve the outcome of the case.
Does Colorado Have Mandatory Minimum Sentences for Drug Crimes?
Yes, Colorado has mandatory minimum sentences for certain drug crimes, mostly for high-level felonies. The minimum sentences depend on the type of offense, the controlled substance in the offense, and other factors of the crime. When you are facing such serious offenses, you must work with an experienced criminal defense lawyer to safeguard your rights and potentially prevent a conviction.
Experienced Drug Crime Attorney at Blackley & Wingad
In Denver County, there were 2,295 drug and narcotics crimes in 2025. Nearly 50% of these crimes involved narcotics, which includes fentanyl. In 78.8% of drug and narcotics crimes, the offense was possessing the substance. Selling or distributing made up 14.9% of offenses, and using or consuming made up 4.2%.
If you have been arrested for a drug crime in Denver, you need an experienced attorney, especially if that offense involves fentanyl.
At Blackley & Wingad, we have decades of trial experience in criminal law. We have handled all aspects of criminal cases, including pretrial investigations, depositions, and trial litigation. Our firm has experience in local courts in Orlando, including the 2nd Judicial District Court serving Denver County and the Denver County Court Criminal Division.
Our firm focuses on aggressive legal representation and making sure your case is ready for trial. We know how to litigate criminal defense cases and are dedicated to advocating for you. Facing criminal charges can be overwhelming, and we want to bring you the support you need. Reach out to our firm today.
