Bill sponsors for drug possession penalty reforms

Rep. Leslie Herod, D-Denver, and Rep. Shane Sandridge, R-Colorado Springs, sponsors of House Bill 1263.

A bill that would reform how the state penalizes minor drug possession offenses is moving on to the Colorado Senate.

The bill would lower the penalty for Schedule I or II drug possession to a level 1 drug misdemeanor instead of a level 4 drug felony. Level 4 drug felonies are punishable by six to 12 months in prison.

The bill doesn’t apply to drug distribution offenses.

The measure would make possessing “more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate a level 1 drug misdemeanor and makes possession of 3 ounces or less of marijuana concentrate a level 2 drug misdemeanor.”

In Colorado, adults 21 and older can legally possess only one ounce of marijuana at a time for recreational use.

“The war on drugs has permanently branded many drug users with felony convictions that make it harder for them to find employment, access housing, and complete treatment, which are critical for a successful recovery,” said Rep. Leslie Herod, D-Denver, a sponsor of the bill. “It has devastated communities of color in my district and throughout Colorado. Lowering the possession penalty from a felony to a misdemeanor will bring the punishment more in line with the crime. It reflects the position held by most Coloradans that the state should focus more on treatment and less on incarceration.”

The bill has bipartisan support, being co-sponsored by Rep. Shane Sandridge, R-Colorado Springs, and Sens. Pete Lee, D-Colorado Springs, and Vicki Marble, R-Fort Collins.

Reform proponents also argue the change could help to ease prison overcrowding, which is a growing problem in the state.

"Drug felony cases appear to be a key driver of Colorado's growing prison population and corrections budget," Terri Hurst, a policy coordinator for Colorado Criminal Justice Reform Coalition Policy, said in a statement. "Reducing the penalty for drug possession from a felony to a misdemeanor would ensure the state’s prison beds are not being occupied by people whose only crime was a low-level drug possession offense. Incarceration is neither effective nor efficient as a substitute for treatment.”

A CCJRC study found that drug felony filings have doubled since 2012, and make up 30 percent of felony filings in the Colorado.

House Bill 1263 was approved by the House in a 40-25 vote Thursday.