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BILL # SB 1725 |
TITLE: fentanyl; nine grams |
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SPONSOR: Rogers |
STATUS: As Amended by Senate JUDE |
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PREPARED BY: Ethan Scheider |
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The bill would decrease from 200 grams to 9 grams the necessary amount of fentanyl trafficked or possessed for sale for certain statutory sentencing ranges to apply.
Estimated Impact
The bill would increase the Arizona Department of Corrections' (ADC) operating costs in the long run due to longer sentences for offenders. The impact would not start for at least 4 years (the current minimum applicable sentence that would be increased). Any impact would depend on the number of individuals charged under the revised sentencing requirements and the cumulative impact on the ADC inmate population. We lack sufficient data to estimate the total impact.
We have requested ADC's estimated impact of this legislation and are awaiting their response.
Under current law, the crime of possession for sale or for trafficking fentanyl is a class 2 felony, punishable by up to 7 years of probation or a prison sentence of between 4 and 10 years, with a presumptive sentence of 5 years for a first offense. If the amount of fentanyl involved is 9 grams or more, the individual is not eligible for probation and must serve the entire prison sentence imposed by the court. If the amount of fentanyl involved is 200 grams or more, statute imposes an enhanced punishment of between 5 and 15 years in prison, with a presumptive sentence of 10 years for a first offense, or a sentence of between 10 and 20 years in prison, with a presumptive sentence of 15 years for any subsequent offense.
The bill would reduce the fentanyl threshold for enhanced sentencing requirements from 200 grams to 9 grams. The Administrative Office of the Courts was unable to provide detailed data on the type or amount of drugs involved in trafficking or possession for sale cases.
Local Government Impact
None
2/25/25