DENVER — Fentanyl is a synthetic opioid designed to treat severe pain. The United States Drug Enforcement Administration (DEA) estimates it is 100 times more potent than morphine.
Illicit fentanyl is being mixed in counterfeit prescription pills, killing Coloradans at an alarming rate. Following a drug bust in Colorado this week where 110,000 counterfeit pills cut with fentanyl were seized, one Front Range District Attorney is calling for revised laws surrounding the drug.
DEA Denver Field Division Acting Special Agent in Charge David Olesky said a year ago, a large seizure would have been anywhere from 5,000-10,000 counterfeit pills laced with fentanyl. “Last year, or fiscal year '21 for DEA, we seized 9.5 million pills. That is the equivalent of both fiscal year '19 and fiscal year '20 combined," said Olesky.
DEA testing revealed two out of every five counterfeit pills usually seized during these operations contain fatal doses of fentanyl. So, the 110,000 pills taken off the streets during this investigation potentially saved 40,000 lives, according to Olesky.
Following Colorado drug bust, District Attorney calls for harsher laws surrounding fentanyl
The state health department website reports fentanyl related overdoses have more than doubled each of the last three years, topping out last year at 540 deaths. As of August 2021, there have been 612 drug overdose deaths involving fentanyl.
“Colorado’s drug laws, especially when it comes to fentanyl, are behind the times. Right now, it’s four grams of fentanyl is a drug misdemeanor level one, to have that in your possession. Now, what does it take to kill somebody? Two milligrams. Think about that NutraSweet packet that you put in your coffee every morning. Just two little grains of that can kill somebody. So, what we allow people to carry around as a misdemeanor is actually enough to kill over a thousand people. And that allows drug distributors to potentially walk around with too much of this, and then face almost no consequences," said the District Attorney for the 18th Judicial District, John Kellner.
Kellner is referencing a Colorado law that went into effect in March of 2020. The Offense Level for Controlled Substance Possession legislation, which was HB19-1263, made the possession of four grams or less of controlled substances listed in Schedule I or II a misdemeanor charge, rather than a felony. Fentanyl is a Schedule II controlled substance.
The law does not apply to certain drugs, like those in the categories of bath salts or date rape drugs.
“We need to have a sentence enhancer, much like the federal government has, for drug distribution causing death. And what that would do, is it would raise the penalty for the people who peddle this poison so that when they do this and somebody dies, they are going to prison for a long time. Because the message needs to be sent that we will not tolerate this in Colorado," said Kellner.
In-Depth: Fentanyl deaths have increased significantly in Colorado
On July 25 of this year, two young lives were taken by fentanyl. Matt Riviere said his sons, Andrew and Stephen, lived together in a Colorado Springs apartment. Andrew was 21 years old and Stephen was 19, and the two brothers were always close. “I just really miss my kids, especially as the holidays approach," said Riviere.
Riviere said his sons took what they thought was an oxycodone, but was actually a counterfeit pill containing fentanyl. The two died side-by-side in their apartment, according to Riviere. “I don't look at my boys as they overdosed. They got poisoned. And these drug dealers, manufacturers, should be responsible for their deaths. They should be charged with murder," said Riviere.
Riviere shared his son's stories, hoping to save other lives, and potentially change a law. “These kids just don't know what they're doing. In some ways, they're innocent. They're trying something, they're making bad choices. But it's one and done... It's a life that will never be brought back. And it's going to be a life that's going to be missed for eternity," said Riviere.
Proponents of the legislation have said it protects non-violent drug offenders from harsh punishments, giving them a better chance at getting their lives back on track.
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FAQs
Illicit fentanyl is being mixed in counterfeit prescription pills, killing Coloradans at an alarming rate. Following a drug bust in Colorado this week where 110,000 counterfeit pills cut with fentanyl were seized, one Front Range District Attorney is calling for revised laws surrounding the drug.
What is the Colorado law on fentanyl? ›
Bill Summary
The bill makes the unlawful possession of any material, compound, mixture, or preparation that weighs more than 4 grams and contains any amount of fentanyl, carfentanal, or an analog thereof a level 4 drug felony.
What is the Good Samaritan law in Colorado for fentanyl? ›
The Colorado 911 Good Samaritan Law states that a person is immune from criminal prosecution for an offense when the person reports, in good faith, an emergency drug or alcohol overdose even to a law enforcement officer, to the 911 system, or to a medical provider.
What is the legislation against fentanyl? ›
The FEND Off Fentanyl Act takes action to expand sanctions to illicit fentanyl traffickers in Mexico and the creators of precursor chemicals in China. Senator Brown worked with law enforcement to craft the legislation, and national and Ohio law enforcement praised the bill's passage last night.
Can you sue a doctor for giving you fentanyl? ›
If a healthcare provider overprescribes fentanyl or administers fentanyl inappropriately, resulting in an overdose, the patient or their family might have grounds for a medical malpractice lawsuit.
What is the new opioid law in Colorado? ›
Under the new law, a prescriber must limit a patient's initial prescription of an opioid to a seven-day supply, if the prescriber has not written an opioid prescription for the patient in the last 12 months.
What is the mandatory sentence for fentanyl? ›
2635, a mere 0.5, 2, 5, or 20 grams of a mixture or substance containing fentanyl or an analogue of fentanyl would trigger the 5, 10, 20-year, or life without parole mandatory minimum terms.
How many people died from fentanyl in Colorado last year? ›
In 2018, Colorado saw 102 fentanyl-related deaths. In 2021, that number skyrocketed to 910 and in 2022 -- the last year data is available -- 920 Coloradans died from fentanyl poisoning or overdose, according to the DEA. Nationwide, over 107,000 people in 2022 died of fentanyl.
What is the Clean Needle Act in Colorado? ›
Signed into law on April 3, 2015, this law allows for an exception to arrest and filing charges for the crime of possession of syringes for the purposes of drug use if the person, prior to being searched by a law enforcement officer, informs the officer that he or she has a needle, syringe, or other sharp objects on ...
What is the Stop fentanyl Act? ›
The END FENTANYL Act passed the House and Senate with bipartisan support. WASHINGTON, DC – Today, President Biden signed Rep. Angie Craig's bipartisan legislation into law to help stop the smuggling of illicit fentanyl through U.S. ports of entry.
This bill requires or authorizes various actions, including sanctions, targeting foreign persons (individuals and entities) engaged in trafficking of fentanyl and other illicit opioids.
What is the catch fentanyl act? ›
The bill would require CBP to evaluate the effectiveness of at least five technologies, including artificial intelligence, machine learning, and quantum information sciences, to detect contraband and increase the efficiency of inspections. Under the bill, the pilot program would end five years after enactment.
Who created fentanyl? ›
Fentanyl was created in 1959 by Dr. Paul Janssen as an intravenous surgical analgesic. The drug is 50–100 times more potent than morphine. Because of its strength, the drug was rarely used except in hospital operating rooms or on large animals.
Can fentanyl be absorbed through the skin? ›
While fentanyl can be absorbed across the skin, this happens only with constant direct contact over hours and days. Still, you should avoid touching fentanyl. Skin absorption can be increased by using alcohol-based hand sanitizers, bleach, and excessive sweating.
What are the benefits of fentanyl? ›
Fentanyl is a potent synthetic opioid drug approved by the Food and Drug Administration for use as an analgesic (pain relief) and anesthetic. It is approximately 100 times more potent than morphine and 50 times more potent than heroin as an analgesic.
How to tell if you've been exposed to fentanyl? ›
Here are the signs you should look for, according to the CDC:
- Small, constricted “pinpoint” pupils.
- Falling asleep or losing consciousness.
- Slow, weak, or not breathing.
- Choking or gurgling sounds.
- Limp body.
- Cold and/or clammy skin.
- Discolored skin (especially in lips and nails)
The following controlled substances are illegal in Colorado unless you have a current and valid doctor's prescription for them. Heroin, ecstasy, LSD, and PCP. Oxycodone (Oxycontin), hydrocodone (Vicodin), morphine, fentanyl, methadone, and stimulants such as cocaine and methamphetamine.
What is the overdose law in Colorado? ›
Section 18-1-711 - Immunity for persons who suffer or report an emergency drug or alcohol overdose event - definitions - repeal (1) A person is immune from arrest and prosecution for an offense described in subsection (3) of this section if: (a) The person reports in good faith an emergency drug or alcohol overdose ...
What is the end fentanyl act? ›
The END FENTANYL Act passed the House and Senate with bipartisan support. WASHINGTON, DC – Today, President Biden signed Rep. Angie Craig's bipartisan legislation into law to help stop the smuggling of illicit fentanyl through U.S. ports of entry.
Can you get charged for overdosing in Colorado? ›
Under current law, a person is immune from arrest and prosecution of certain criminal offenses if the person reports an overdose to an emergency responder and satisfies additional requirements related to the reporting.
