Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that amends criminal classifications for certain drug possessions.

Highlights:

• Repeals previous law which stated that possession of two grams or more of methamphetamine or heroin is a felony offense (Sec. 7).

• Repeals previous law which says a person who possesses more than 12 ounces of marijuana or more than 3 ounces of marijuana concentrate commits a level 4 drug felony (Sec. 2).

• Specifies that a person who possesses more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate commits a level 1 drug misdemeanor (Sec. 2). 

• Specifies that a person who possesses between 2 and 6 ounces of marijuana, or no more than 3 ounces of marijuana concentrate commits a level 2 drug misdemeanor (Sec. 2).

• Amends previous drug possession law to now state that the unlawful possession of a controlled substance, on or after March 1, 2020, includes (Sec. 1):

• Gamma hydroxybutreate, including its salts, isomers, and salts of isomers; or

• Any material, compound, mixture, or preparation that contains no more than four grams of a controlled substance listed in schedule I or II of part 2 of this article, except that a fourth or subsequent offense for a violation of this subsection is a level 4 drug felony.

• Prohibits a district attorney from charging or prosecuting a person for any minuscule, residual, or unusable amount of a controlled substance that may be present in used hypodermic needles or syringes, or other drug paraphernalia, on or after March 1, 2020; though it can be used as a factor for probable cause or reasonable suspicion (Sec. 1).

• Establishes the Department of Local Affairs Community Substance Use and Mental Health Grant Program to provide grants to counties that provide substance use or mental health treatment services to, facilitate diversion programs for, or develop other strategies to reduce jail and prison bed use by persons who have come into contact with the criminal justice system (Sec. 9).

• Requires the Department to issue a grant to any eligible county, with the amount of a grant awarded based on the cost of the services provided and the number of persons that receive services (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass an amended bill that amends criminal classifications for certain drug possessions.

Highlights:

• Repeals previous law which stated that possession of two grams or more of methamphetamine or heroin is a felony offense (Sec. 7).

• Repeals previous law which says a person who possesses more than 12 ounces of marijuana or more than 3 ounces of marijuana concentrate commits a level 4 drug felony (Sec. 2).

• Specifies that a person who possesses more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate commits a level 1 drug misdemeanor (Sec. 2). 

• Specifies that a person who possesses between 2 and 6 ounces of marijuana, or no more than 3 ounces of marijuana concentrate commits a level 2 drug misdemeanor (Sec. 2).

• Amends previous drug possession law to now state that the unlawful possession of a controlled substance, on or after March 1, 2020, includes (Sec. 1):

• Gamma hydroxybutreate, including its salts, isomers, and salts of isomers; or

• Any material, compound, mixture, or preparation that contains no more than four grams of a controlled substance listed in schedule I or II of part 2 of this article, except that a fourth or subsequent offense for a violation of this subsection is a level 4 drug felony.

• Prohibits a district attorney from charging or prosecuting a person for any minuscule, residual, or unusable amount of a controlled substance that may be present in used hypodermic needles or syringes, or other drug paraphernalia, on or after March 1, 2020; though it can be used as a factor for probable cause or reasonable suspicion (Sec. 1).

• Establishes the Department of Local Affairs Community Substance Use and Mental Health Grant Program to provide grants to counties that provide substance use or mental health treatment services to, facilitate diversion programs for, or develop other strategies to reduce jail and prison bed use by persons who have come into contact with the criminal justice system (Sec. 9).

• Requires the Department to issue a grant to any eligible county, with the amount of a grant awarded based on the cost of the services provided and the number of persons that receive services (Sec. 9).

Full Bill Text