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2023 Legislative Recap

By José Esquibel

Colorado Opioid and Other SUD Legislation Update Summary, 2023

Senate Bill 23-109 Criminal Penalty Controlled Substance Supplier was introduced by Senator Byron Pelton and Senator Kyle Mullica. This bill passed out of the Senate on March 22, 2023. It was heard in the House Judiciary Committee on May 5, 2023, and did not pass out of committee.

This bill sought to expand felony penalties for individuals who supplied any controlled substance at an amount beyond a single consumption that caused death of another individual.

Senate Bill 23-140 Fentanyl Study Deadline and Appropriation was introduced on February 6, 2023. This bill was signed by the governor on March 3, 2023.

The bill extends the deadline from January 1, 2023, to October 1, 2023, for when the Department of Public Health and Environment must contract with an independent entity to conduct a study as mandated in House Bill 22-1326 Fentanyl Accountability and Prevention.

Senate Bill 23-144 Prescription Drugs for Chronic Pain was introduced by Senator Ginal on February 8, 2023 This bill passed and was signed by the governor on May 4, 2023

Senate Bill 23-171 Large Entertainment Facility Substance-free Seating Requirement co-sponsored by Senator Kevin Priola and Representative Chris deGruy Kennedy was introduced in February 27, 2023. The bill was postponed indefinitely during its first hearing in the Senate Finance Committee on March 28, 2023, and did not pass out of committee. There will be no more action on this bill in the current session.

House Bill 23-1009 Secondary School Student Substance Use was introduced on January 9 by Representative Lindsay.  The bill creates the Secondary School Student Substance Use Committee in the Department of Education to develop a practice, or identify or modify an existing practice, for secondary schools to implement that identifies students who need substance use treatment, offers a brief intervention, and refers the student to substance use treatment resources.  This bill was passed on April 18, 2023, and was signed by the governor on April 26, 2023.

House Bill 23-1164 Opioid Harm Reduction was introduced by Representative Mike Lynch on February 2. The bill propose to strengthen the penalties for possession of fentanyl by eliminating the requirement that the possession must be knowingly. The bill was assigned to the Senate Judiciary Committee and it was postponed indefinitely on April 11, 2023.

House Bill 23-1167 Reporting of Emergency Overdose Events (Good Samaritan law) was introduced by Representative Chris deGruy Kennedy on February 2, 2023. This bill passed out of the House with amendments on March 3, 2023 and passed out of the Senate on April 10, 2023. The bill was signed by the governor on May 1, 2023.

The bill applies the Good Samaritan immunity law to individuals who reports and assist with an overdose event if they are in possession of fentanyl weighing 4 grams or less and bill extends immunity to third parties that provide assistance

HB23-1169 Limit Arrest for Low-Level Offenses was introduced on February 2, 2023, by Representative Jennifer Bacon, Vice Chair of the Judiciary Committee. The bill is assigned to the House Judiciary and was postponed indefinitely on April 5, 2023, and did not pass out of committee.

HB23-1202 Overdose Prevention Center Authorization was introduced on February 15 by Representative Elisabeth Epps and Representative Jenny Willford. The bill passed out of the House on March 11, 2023, with amendments. The bill was heard on April 20, 2023 in the Senate Health & Human Services Committee and was laid over for discussion on proposing amendments. The bill was then postponed indefinitely on April 26, 2023.

HB23-1204 Recovery Residence Discharge Policy is co-sponsored by Rep. William Lindstedt and Sen. Kevin Priola and was introduced in the House on February 15, 2023.  The bill passed out of the House on March 23, 2023, and out of the Senate Health & Human Services Committee on April 5, 2025. The bill passed out of the Senate on April 12, 2023, and was signed by the governor on May 1, 2023.

HB23-1244 Regional Health Connectors was introduced on March 13, 2023, by Rep. Chris DeGruy Kennedy and Elizabeth Velasco. The bill was passed the House and then passed by the Senate with amendments. The bill was signed by the Governor on June 8.

HB23-1258 Drug Crime Cost Task Force was introduced on March 26, 2023 by Rep. Said Sharbini and Rep. Lorena Garcia and concerns the creation of a task force to study the costs associated with drug crimes to review and evaluate the costs associated with enforcement of and incarceration for drug crimes task force (task force). The bill passed but is not yet signed by the governor.