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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
fentanyl; sale amount; nine grams
Purpose
Background
A person is guilty of a class 2 felony if they knowingly transport,
import, offer to transport or import, sell, transfer or offer to sell or
transfer a narcotic drug. A class 2 felony for a
non-dangerous offense carries a minimum sentence of 4 years, presumptive
sentence of 5 years and a maximum sentence of 10 years. A class 2 felony for a
non-dangerous, repetitive offense carries a minimum sentence of 6 years,
presumptive sentence of 9.25 years and a maximum sentence of 18.5 years (A.R.S.
§§ 13-702;
13-703;
and 13-3408).
A person convicted of knowingly transporting, importing, offering to transport or import, selling, transferring or offering to sell or transfer fentanyl in an amount of at least 200 grams is subject to a specific sentencing range, consisting of a minimum term of imprisonment of 5 calendar years, a presumptive term of 10 calendar years or a maximum term of 15 calendar years. A person who has previously been convicted of this offense faces a minimum term of imprisonment of 10 calendar years, a presumptive term of 15 calendar years or a maximum term of 20 calendar years (A.R.S. § 13-3408).
Threshold amount means a weight, market value or other form of measurement of an unlawful substance and is used as a sentencing enhancement and to determine whether a drug offense involving the sale of a drug is probation eligible. The statutory drug threshold amount for fentanyl or fentanyl mimetic substances is 9 grams (A.R.S. § 13-3401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Decreases, from 200 grams to 9 grams, the amount of fentanyl that must be involved in a sale to another person for specific criminal sentencing ranges to apply.
2. Becomes effective on the general effective date.
Prepared by Senate Research
January 9, 2026
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