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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
fentanyl; nine grams
Purpose
Decreases, from 200 grams to 9 grams, the amount of fentanyl that must be involved in a sale to another person for specific sentencing ranges for fentanyl sales to apply.
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 sentencing ranges for fentanyl sales to apply.
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2025
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