Members of Colorado's House Judiciary Committee begin debate on the fentanyl bill Tuesday. One principle should guide them: the desire to save lives.

With Colorado enduring an increasingly deadly infestation of a drug that kills instantly, this may be the most important work legislators embark upon throughout their careers. If they get it right, more will survive. If they get it wrong, the carnage continues.

No rational person wants addicts in prison. Most individuals dying instantly from fentanyl are not trying to harm themselves or others. They self-medicate against depression, anxiety, loneliness, helplessness, boredom and other conditions society should help them resolve.

Whether consumed voluntarily or accidentally, fentanyl kills in minuscule doses. Two milligrams may kill a grown adult — an amount so small one can die by giving mouth-to-mouth resuscitation to an overdose victim.

Coloradans are under attack by a flood of fentanyl mostly manufactured in China and smuggled across our country's southern border by drug cartels. State legislators cannot control China or the border, but they may give law enforcement the tools to take this killer off our streets and out of our homes.

Judiciary members should craft a bill that makes the possession of fentanyl a felony. Knowing that two grams may kill an adult, no possession is a safe or minor offense. The frequent loss of young adults and children — who make the mistake of taking fentanyl or any other drug laced with it — constitutes a serious crime against humanity.

The committee's bill should:

—Require felony charges for any possession of fentanyl (exempting medical applications by licensed professionals)

—Establish hard mandatory prison time for distribution of fentanyl resulting in death

—Eliminate the "Good Samaritan" prosecution shield for drug dealers who report overdoses

Committee members will begin with a draft bill that maintains misdemeanor penalties for suspects caught with up to four grams of fentanyl. Frankly, that is insane. It is enough to kill 2,000 accidentally or with intent. It grants immunity to dealers who kill and call the cops, eliminating the fear of consequences for committing deadly crimes. Dealers who kill are not made innocent or "good" by calling 911 any more than others who commit deadly crimes.

Felony penalties for possession would give prosecutors the leverage to bargain with addicts by offering lower charges in exchange for treatment. This is a common practice of prosecutorial discretion. Some would take the deals, others would not. Either way, no one would do prison for a felony conviction of possession alone. Colorado has seldom — if ever — imposed prison for simple possession.

The prison-for-possession myth bolstered the passage of a 2019 Colorado law that reduced to misdemeanor status all charges for possession of up to four grams of Schedule 1 and 2 narcotics — again, enough fentanyl to kill thousands. This law means no one fears the light consequence of possession.

The urban legend of prison-for-possession manifested after a 1996 congressional bill, initiated by then-Sen. Joe Biden, D-Delaware. It required harsh prison time for federal convictions of crack possession. The disparity in federal sentencing for white-collar cocaine and crack cocaine led to the disproportionate incarceration of Blacks and other minorities. Then-President Donald Trump stopped it with his "First Step Act" in 2019.

"This legislation reformed sentencing laws that have wrongly and disproportionately harmed the African-American community," Trump said during a State of the Union address.

We need prison for those who manufacture, supply and distribute drugs — not for the addicts whose lives they endanger.

Propose a law that helps cops and prosecutors confront this disaster. Authorize them to control the supply and demand sides of fentanyl circulation. The right law will save — not imprison — our friends and relatives who suffer from addiction and don't deserve to die. Hit them with felony charges (tough love) that will interrupt their use and encourage treatment, recovery and lives worth living.

REPRINTED FROM THE COLORADO SPRINGS GAZETTE

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