Voters in Colorado are set to decide on an initiated state statute that would establish higher felony classifications and mandatory penalties for the manufacturing, dispensing, sale, and possession of fentanyl and certain synthetic opioids.
The measure, referred to as Initiative 85, would also require court-ordered treatment for certain low-level fentanyl possession felony offenses, as well as revise sentencing provisions to limit exceptions for fentanyl-related distribution offenses that result in death.
Initiative 85, as filed on May 9, 2025, is supported by Advance Colorado, which describes its mission as "[pushing] back on the progressive policies that have put [Colorado] on the wrong track." On Nov. 20, 2025, Advance Colorado submitted signatures for the initiative to the secretary of state.
On Dec. 15, 2025, the secretary of state certified Initiative 85 for the Nov. 3, 2026, ballot. The elections division stated that "after reviewing a five-percent random sample of the submitted signatures, the Elections Division projected the number of valid signatures to be greater than 110 percent of the total number of signatures required for placement on the ballot." An initiative requires at least 124,238 valid signatures to be certified for the ballot. Proponents filed 187,699 raw signatures on Nov. 20.
On the same day, Dec. 15, President Donald Trump (R) issued an executive order on fentanyl that designated "illicit fentanyl and its core precursor chemicals as Weapons of Mass Destruction (WMD)."
George Brauchler (R), the district attorney for Colorado's 23rd judicial district, expressed his support for Initiative 85, stating, "in November of next year, there's going to be a ballot measure that does something that we should have done years ago, and that is to have a low to no tolerance policy when it comes to drug dealers who peddle fentanyl into our communities."
State Rep. Javier Mabrey (D-1), an opponent of the initiative, said that the measure "is an extension of failed policies of the past" and that "it's really important to be clear that increasing criminal penalties for Coloradans who are struggling with substance use disorders will not deter crime."
Advance Colorado is also collecting signatures for one other measure, Initiative 95, which would require the Department of Homeland Security to be notified when an individual has been charged with a violent crime or has a prior felony conviction, and law enforcement cannot determine that they are a citizen. The deadline for submitting signatures for Initiative 95 is Dec. 26, 2025. In 2024, Advance Colorado supported three ballot measures concerning school choice, parole eligibility, and funding for law enforcement. Of these, two passed, and one was defeated.
As of Dec. 16, 2025, Initiative 85 is the only ballot measure certified for Colorado's Nov. 3, 2026, election.
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