ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: JUDE DPA 4-2-1-0 | 3rd Read 17-11-0-2

House: JUD DP 6-2-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☒ Fiscal Note

SB1725: fentanyl; nine grams

Sponsor: Senator Rogers, LD 7

Caucus & COW

Overview

Reduces the threshold for fentanyl that is involved in a sale, for the charge to meet enhanced sentencing requirements.

History

Under A.R.S. § 13-3408, if a person possesses or uses a narcotic drug, he is guilty of a class 4 felony. If a person possesses or transports a narcotic drug for sale, he is guilty of a class 2 felony. If a person possesses or transports more than 200 grams of fentanyl for sale, for a first offence he is to be sentenced according to the following enhanced sentencing schema:

1)   minimum sentence of 5 years;

2)   presumptive sentence of 10 years; or 

3)   maximum sentence of 15 years.

If the individual has been previously convicted of possessing or transporting more than 200 grams of fentanyl for sale, the minimum, presumptive and maximum sentences are enhanced by five years each.

Provisions

1.   Lowers the amount of fentanyl that must be involved in a sale to another person for enhanced sentencing ranges to apply, from 200 grams to 9 grams. (Sec. 1)

 

 

 

 

 

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                        SB 1725

Initials NM/DC         Page 0 Caucus & COW

 

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