HB2802

THE CONTEXT: 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.

WHAT THE BILL DID: 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.

WHY IT MATTERED: The practical reason for this bill was to turn the Legislature's standard for fentanyl sales into an enforceable rule. It would mandate 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, and would also increase 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, rather than leave the current rule unchanged.