ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	House: JUD DP 5-3-0-0 | 3^rd Read DPA 31-28-1-0-0 Senate: JUD DP 4-3-0-0 | 3^rd Read DPA 16-12-2-0-0

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HB 2802: fentanyl sales; manufacture; sentencing; testing

Sponsor: Representative Gress, LD 4

Senate Engrossed

Overview

Imposes specific sentencing ranges for offenders who are convicted of certain narcotic drug offenses involving a single unit dose that contains two or more milligrams of fentanyl and 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. Mandates 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 narcotic drug offenses involving a single unit dose that contains two or more milligrams of fentanyl:

a) Possession for sale;

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

c) Manufacture; or

d) Transporting for sale, importing into Arizona, offering to transport for sale or import into Arizona, sale, transfer or offer to sell or transfer. (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 narcotic drug offenses involving a single unit dose that contains two or more milligrams of fentanyl. (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. Specifies that the above sentence-enhancing provisions do not apply to a person who is convicted of an offense involving the transfer or offer to transfer of a single unit dose that contains two or more milligrams of fentanyl. (Sec. 1)

5. Defines a single unit dose as a single amount or unit of a material, compound, mixture or preparation that is separately identifiable and that is in a pill, tablet or caplet form or any other form that indicates that it is the amount or unit by which the material, compound, mixture or preparation is separately administered to or taken by a person. (Sec. 1)

6. 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)

7. Makes conforming changes. (Sec. 1)

Senate Amendments

1. Modifies language to provide that the above sentence-enhancing provisions apply to person who is convicted of outlined narcotic drug offenses involving a single unit dose of fentanyl that contains two or more milligrams of fentanyl, rather than a single unit dose of fentanyl having a weight of at least two milligrams.

2. Exempts a person who is convicted of an offense involving the transfer or offer to transfer of a single unit dose that contains two or more milligrams of fentanyl from above sentence-enhancing provisions. 

3. Defines single unit dose.

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7.                   HB 2802

8. Initials JL   Page 0 Senate Engrossed

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