BE45884757E4C377872589A70012382C Hearing Summary

Representatives Snyder and Lynch, prime sponsors, presented Senate Bill 23-109, concerning a criminal penalty for the supplier when a person dies as a result of the use of a controlled substance. Representative Snyder explained the effect of the bill and discussed its need. Representative Lynch provided additional input on the merits of the bill. The sponsors answered several committee questions.  Submitted written testimony on SB 23-109 may be found in Attachment I.

Timothy Lane, representing Colorado District Attorneys' Council, testified in support of the bill. Denver District Attorney Beth McCann, representing herself, testified in support of the bill. Deputy Chief Gregory Sadar, representing Colorado Association of the Chiefs of Police - Commerce City Police Department, testified in support of the bill. Mr. Lane responded to questions regarding criminal penalties for dealing in certain controlled substances under current law, and why these penalties are not impacting the drug trade. Mr. Lane responded to further questions regarding overdose trends due to certain drugs, and the types of cases filed under current laws targeting fentanyl. District Attorney McCann responded to questions regarding how SB 23-109 will assist prosecutors, and the benefits of the bill in the area of harm reduction.

Mrs. Racquel Garcia, representing HardBeauty & HardBeauty Foundation, testified in opposition to the bill. Dr. Donald Stader, representing The Naloxone Project, testified in opposition to the bill. Matt Pagnotti, representing Vivent Health, testified in opposition to the bill. Mr. Jason Vitello, representing Colorado Public Health Association, testified in opposition to the bill. Dr. Stader responded to questions regarding how drug laws impact his patients. Mr. Vitello responded to questions regarding treatment of drug users as compared to drug dealers by laws addressing narcotics. Discussion ensued regarding the threshold for being deemed a drug dealer in terms of the amount of drugs on the person.

Dr. Bryon Adinoff, representing Colorado Psychiatric Society, testified in opposition to the bill.

Ms. Valerie Collins, representing herself, testified in opposition to the bill.

Morgan Godvin, representing herself, testified in opposition to the bill.

Ember Gren, representing herself, testified in opposition to the bill.

Mr. Jack Devie, representing himself, testified in opposition to the bill. Ms Jennifer Dillon, representing Colorado Drug Policy Coalition, testified in opposition to the bill. Committee members received a fact sheet opposing SB 23-109 (Attachment J). Taylor Pendergrass, representing ACLU of Colorado, testified in opposition to the bill. Dr. Jarratt Pytell, representing himself, testified in opposition to the bill. Committee members received a letter opposing the bill (Attachment K).

Bridget Anshus, representing Mental Health Colorado, testified in opposition to the bill.

Mr. James Karbach, representing Colorado State Public Defender, testified in opposition to the bill.

Mr. Travis Ayers, representing himself, testified in opposition to the bill.

Ms. Thea Wessel, representing Colorado Association of Addiction Professionals, testified in opposition to the bill. Mr. Karbach provided clarity on a document he referenced during his testimony, and his position and perspective on some forthcoming amendments. Discussion returned to Mr. Karbach's cited research documents. Mr. Karbach responded to questions regarding how a drug prosecution is conducted, and how SB 23-109 would impact this.

Mr. Dave Wasserman, representing Conscious Consulting, testified in opposition to the bill. Ms. Tonya Wheeler, representing Advocates for Recovery Colorado, testified in opposition to the bill. Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill. Valentina Atencio, representing herself, testified in opposition to the bill.

Ms. Sydney Melson, representing Colorado Providers Association, testified in opposition to the bill.

Aubrey Wilde, representing Colorado Coalition for the Homeless, testified in opposition to the bill.

Mr. Kevin Franciotti, representing himself, testified in opposition to the bill.

Mr. Jimmy Smrz, representing himself, testified in opposition to the bill.

Representative Snyder explained the effect of amendment L.044 (Attachment L).

Representative Snyder explained the effect of amendment L.045 (Attachment M).

Representatives Snyder and Lynch provided closing remarks in support of SB 23-109. Various committee members provided their positions on the bill.