SB1027

THE CONTEXT: The criminal code defines narcotic drugs to encompass a detailed list of materials, compounds, mixtures or preparations containing various substances or derivatives. Heroin, carfentanil, fentanyl and fentanyl memetic substances, among many others, are included in this definition.

WHAT THE BILL DID: of manufacturing a narcotic drug, which is a 3 felony that is eligible for probation if a first-time offense that is not subject to any other special sentencing provision(s); 4) Manufacture a narcotic drug, which is a class 2 felony that is ineligible for suspension of sentence, probation, pardon or release until the sentence is served, the person is eligible for community supervision or the sentence is commuted; 5) Administer a narcotic drug to another person, which is a class 2 felony that, if the amount of the drug involved in the offense (or all of the offenses that are consolidated for trial) meets or exceeds the statutory threshold, is ineligible for suspension of sentence, probation, pardon or release until the sentence is served, the person is eligible for community supervision or the sentence is commuted; 6) Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge, which is a class 3 felony that is eligible for parole if a first-time offense that is not subject to any other special sentencing provision(s); or 7) Transport for sale, import into Arizona, offer to transport for sale or import into Arizona, sell, transfer or offer to sell or transfer a narcotic drug, which is a class 2 felony that, if the amount of the drug involved in the offense (or all of the offenses that are consolidated for trial) meets or exceeds the statutory threshold, is ineligible for suspension of sentence, probation, pardon or release until the sentence is served, the person is eligible for community supervision or the sentence is commuted ( A. R.

WHY IT MATTERED: The practical reason for this bill was to create an operative state process for carfentanil instead of leaving implementation undefined. It would establish knowingly manufacturing carfentanil, fentanyl or fentanyl memetic substances under any circumstance that causes physical injury to a minor who is under 15 years of age as a class 2 felony offense punishable as a DCAC, and would also allow a person who is at least 18 years old (or tried as an adult) and convicted for a DCAC in the first-degree involving the manufacture of carnfentanil, fentanyl or fentanyl mimetic substances under circumstances that cause physical injury to a minor under 12 years old to be sentenced to life imprisonment without eligibility for suspension of sentence, probation, pardon or release, with certain exceptions, until the person has served 35 years or the sentence is commuted, rather than leave the current rule unchanged.