ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: JUD DP 5-3-0-0-0-0

HB 2802: fentanyl sales; manufacture; sentencing; testing

Sponsor: Representative Gress, LD 4

House Engrossed

Overview

Imposes specific sentencing ranges for offenders who are convicted of certain narcotic drug offenses involving a single unit dose of fentanyl weighing at least two milligrams. Requires law enforcement agencies to submit confiscated fentanyl to a crime laboratory for testing.

History

Current law outlines certain criminal offenses and sentencing classifications specific to different types of drugs. One of these categories is that for narcotic drugs, which is defined to encompass a detailed list of materials, compounds, mixtures or preparations containing various substances or derivatives. Examples of narcotic drugs include cocaine, fentanyl and heroin, among many others (A.R.S. § 13-3401).

It is a criminal offense for a person to knowingly do any of the following with regard to a narcotic drug:

1)   Possess or use the drug, which is a generally a class 4 felony;

2)   Possess the drug for sale, which is a class 2 felony;

3)   Possess equipment or chemicals, or both, for the purpose of manufacturing the drug, which is a class 3 felony;

4)   Manufacture the drug, which is a class 2 felony;

5)   Administer the drug to another person, which is a class 2 felony;

6)   Obtain or procure the administration of the drug by fraud, deceit, misrepresentation or subterfuge, which is a class 3 felony;

7)   Transport for sale, import into Arizona, offer to transport for sale or import into Arizona, sell, transfer or offer to sell or transfer the drug, which is a class 2 felony.

Notwithstanding the general sentencing classifications mentioned above, more specific sentencing requirements may apply in certain circumstances, including discrete sentencing ranges or probation eligibility provisions for specific drugs, amounts of drugs or repeat offenses (A.R.S. §§ 13-3408, 13-3419, 13-3420).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☒ Fiscal NoteMandates a minimum sentence of 5 calendar years, a presumptive sentence of 10 calendar years and a maximum sentence of 15 calendar years for individuals convicted of any of the following offenses involving a single unit dose of fentanyl weighing at least two milligrams:

a)   Possession for sale;

b)   Possession of equipment or chemicals for the purpose of manufacture;

c)   Manufacture; or

d)   Transporting or importing for sale or offering to transport or import for sale. (Sec. 1)

2.   Increases each of the above minimum, presumptive and maximum sentences by 5 years if the person has previously been convicted of one of the above offenses involving a single unit dose of fentanyl weighing at least two grams. (Sec. 1)

3.   Prohibits an individual who has been convicted of the above-noted fentanyl offenses from being eligible for suspension of sentence, probation, pardon or release from confinement until the court-imposed sentence has been served, the person is eligible for community supervision or the sentence is commuted. (Sec. 1)

4.   Instructs law enforcement agencies to submit a sufficient sample of all confiscated fentanyl to an accredited crime laboratory for testing to determine the appropriate criminal violation. (Sec. 1)

5.   Makes conforming changes. (Sec. 1)

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9.                     HB 2802

10.  Initials JL   Page 0 House Engrossed

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