SB1061

THE CONTEXT: 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.

WHAT THE BILL DID: The final vetoed version would lower the fentanyl quantity threshold at which enhanced sentencing applies, for possessing or transporting fentanyl for sale, from 200 grams to 9 grams.

WHY IT MATTERED: The practical reason for this bill was to make a concrete adjustment to the existing rule for fentanyl. It would lower the fentanyl quantity threshold at which enhanced sentencing applies, for possessing or transporting fentanyl for sale, from 200 grams to 9 grams, rather than leave the current rule unchanged.