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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
asbestos claims; required information; liability
(NOW: threshold amount; fentanyl)
Purpose
Establishes a statutory drug threshold amount of nine grams for fentanyl or fentanyl mimetic substances.
Background
A person who is convicted of a first or second offense for personal possession or use of a controlled substance or drug paraphernalia is eligible for probation, rather than a term of imprisonment, with certain exceptions (A.R.S. § 13-901.01). When determining sentencing for drug offenses that are not eligible for probation, a person may be subject to longer sentencing ranges and may not be eligible for suspension of the sentence if the amount of drugs involved in the offense exceeds statutory thresholds (A.R.S. § 13-3419).
Threshold amount means a weight, market value or other form of measurement of an unlawful substance as follows: 1) one gram of heroin; 2) nine grams of cocaine; 3) 750 milligrams of cocaine base or hydrolyzed cocaine; 4) 4 grams or 50 milliliters of PCP; 5) nine grams of methamphetamine, including methamphetamine in liquid suspension; 6) 9 grams of amphetamine, including amphetamine in liquid suspension; 7) 0.5 milliliter of lysergic acid diethylamide or 50 blotter dosage units; or 8) two pounds of marijuana. For any unlawful substance not listed, the threshold amount is a value of at least $1,000 (A.R.S. § 13-3401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Makes conforming changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
· Specifies that the new nine-gram threshold amount for fentanyl includes fentanyl mimetic substances.
Senate Action
JUD 3/10/22 DPA/SE 5-3-0
Prepared by Senate Research
May 2, 2022
ZD/sr