It’s bad enough our legislature failed last week to come up with a meaningful response to Colorado’s deadly fentanyl epidemic. A bill unveiled by ruling Democrats on Thursday – after months of anticipation – proposes only some incremental improvements. It falls far short of repairing the damage done three years ago by “justice reform” legislation that opened a gaping loophole for possession of the ultra-lethal opioid.

But last week’s legislative pratfall on fentanyl was followed by another embarrassingly painful development – watching the 2019 law’s chief sponsor try to shirk blame. After weeks of lying low on the issue, state Rep. Leslie Herod, a Denver Democrat, issued a smug, sanctimonious and obliviously unrepentant press statement that was a study in denial.

The statement declared Herod’s support for House Bill 1326, officially introduced late Friday, and then launched into a denunciation of, “A lot of misinformation, misunderstanding, and finger-pointing” over the issue. Presumably, that refers to the widely held belief by our state’s top cops that Herod’s 2019 bill helped fuel the fentanyl crisis.

Her bill had decriminalized possession of fentanyl and other hard drugs. As a result, possession of up to four grams of fentanyl – which could kill up to 2,000 people – became a misdemeanor. Cops now only can issue tickets. Authorities must watch helplessly as drug dealers, unless caught in the act, can’t even be jailed for having four grams or less of product on them.

Herod glibly contends in her press release, “We cannot arrest our way out of this problem. We’ve tried it that way, and it doesn’t work. We need to focus on keeping people alive, not putting addicts behind bars.”

But what if putting them behind bars is in fact what will keep people alive?

Law enforcement agencies need fentanyl possession to be a felony again so they can make an arrest and get the drug off the streets. It has been likened to a weapon of mass destruction. Even a trace is a public menace. Someone in “possession” of two or three grams isn’t carrying it for personal use. Even if they aren’t selling, they’re sharing at parties, concerts and even at school.

And Coloradans, especially our youth, are dying at a terrifying rate – often unwittingly taking the drug because it’s laced into many other drugs.

The new, anemic legislation restores felony status only for possession of four grams or more of any substance containing fentanyl. If it’s less than that – even if it’s pure fentanyl – it would remain a misdemeanor. Which will do next to nothing to prevent precisely the kind of scenario – people selling or sharing a pill or two – in which Colorado kids have been dying.

Contrast Herod’s uninformed haughtiness – and her unwillingness to learn from the state’s grim experience – with the views of a seasoned chief exec, Denver Mayor Michael Hancock.

On Thursday, Hancock tweeted his support for the new legislation but did so with a big caveat: “While a good start on a tough problem, I believe we must also address possession levels. The evidence is clear: half of all Denver overdose deaths are related to fentanyl. There is no safe amount of fentanyl unless directed by a physician, and unless we work to deter people from possessing amounts that are enough to kill up to 2,000 people, we cannot say we have fully addressed this problem.”

Hancock speaks from experience running Colorado’s biggest city. He hears from the cops on the beat. They know that to tackle the deadly drug supply chain, you have to address demand. And that begins with drug possession.

Denver Gazette editorial board