Legislative reviewers examined Proposed Initiative 62 April 4, a measure that would raise penalties for manufacturing, dispensing, selling, or distributing substances containing fentanyl or similar compounds and revise the statutory structure for fentanyl-related offenses. Proponents included Michael Fields and Steven Ward; legislative staff present included Clayton Mayfield and Jake Mauss of the Legislative Council/LLS teams.

Staff summarized four principal purposes: (1) classify certain fentanyl-related manufacture/dispense/sell/distribute/possess-with-intent offenses as level 1 drug felonies when the substance contains fentanyl or analogs regardless of weight; (2) repeal an exemption from a mandatory sentencing requirement for small-quantity offenses that are proximate causes of death when the weight threshold was previously four grams; (3) revise possession penalties; and (4) narrow provisions that allow courts to vacate felony convictions and enter misdemeanors upon successful completion of community-based sentences so that the remedy applies only to limited weight ranges (for example, more than 6 mg but no more than 100 mg in the versions under discussion).

Reviewers noted the initiative family (62 and 63) had earlier versions reviewed on February 24 and February 28 and that prior comments remain part of the record. Staff asked proponents to clarify applicability and effective-date language: section 8 listed an effective date of January 1, 2027, but did not specify whether the measure applies only to offenses committed on or after that date. Proponents agreed to add an applicability clause clarifying the measure applies to offenses committed on or after the effective date.

The hearing also flagged the need to ensure consistent weight thresholds (milligrams/grams) and urged proponents to confirm which analogs and chemical descriptors would be covered. Proponents said they would return with precise drafting to address weight tiers and effective-date applicability. The advisory session ended with no formal action.