March 29, 2022

District Attorney Rubinstein weighs in on fentanyl law - WesternSlopeNow

Fentanyl citrate in various forms prescribed by doctors, used illegally in overdose can cause death.

GRAND JUNCTION, Colo. (KFQX) — State data shows more than 800 Coloradans died of fentanyl poisoning in 2021, but a new bill confronting the states growing fentanyl crisis is stirring controversy.

Law enforcement and legislators agree, something must be done to fight back. The question is, House Bill 1326 enough to get the job done? “This bill gives law enforcement and prosecutors the tools they need to put dangerous fentanyl dealers behind bars” Alec Garnett, Speaker of the Colorado House of Representatives said.

The state bill proposed Thursday (3/24), increases penalties for distribution of fentanyl resulting in death, something state District Attorneys have fought months for, “one of the crimes that’s being created in this new legislation is a crime called distribution resulting in death,” Dan Rubinstein, 21st Judicial District Attorney said.

The bill lawmakers are proposing means drug dealers selling fentanyl would face felony charges. What it doesn’t do is make possession of four grams or less of fentanyl a felony. Police and Sheriff’s organizations statewide wrote a letter demanding felony charges for possession, “i’m very disappointed, disappointed that possession hasn’t been addressed and when we are talking about fentanyl, we’re talking about something completely different here. this is unlike any other drug that we have ever had to work through,” Paul Pazen, Denver Police Chief said.

Just two milligrams of fentanyl is deadly, police say having four grams or less in Colorado should not be a misdemeanor, while District Attorney’s prioritized reducing the quantities for distribution rather than for possession, “That’s not to say we don’t think its important to eventually address possession but given the political climate right now we knew we needed to prioritize and do what was going to have the biggest positive impact in this community,” Rubinstein said.

As the bill currently sits under consideration, District Attorney Rubinstein says nothing is unchangeable.

Following the bills announcement, the County Sheriffs of Colorado, the Colorado Association of Chiefs of Police and the Colorado fraternal order of police released a joint statement, saying in part “This drug is so deadly that possession of any amount should have a felony consequence, since no amount of fentanyl is safe, this coalition will seek amendments to elevate ‘simple possession’ to a felony.”



source: https://www.westernslopenow.com/news/local-news/district-attorney-rubinstein-weighs-in-on-fentanyl-law/

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