This bill proposes to amend current statutes regarding the sentencing of individuals convicted of personal possession or use of fentanyl. Under
section 13-901.01, individuals convicted for the first or second time of personal possession or use of a controlled substance, including methamphetamine, are generally eligible for probation and cannot be sentenced to incarceration until a third conviction. The bill introduces
new provisions that allow courts to impose a term of incarceration on individuals convicted for the first or second time of personal possession or use of fentanyl, recognizing the severe dangers posed by this substance.
Additionally, the bill includes
findings by the legislature regarding the increasing threat of fentanyl in Arizona, including its role in rising drug-related deaths and its prevalence due to the state's proximity to drug trafficking routes. It emphasizes the need for stronger legal deterrents to combat fentanyl abuse and aligns the treatment of fentanyl with that of methamphetamine as established in
Proposition 301. The amendments will only take effect if
approved by at least three-fourths of the members of each house of the legislature.
Statutes affected: Introduced Version: 9-256, 11-225
Senate Engrossed Version: 9-256, 11-225
House Engrossed Version: 13-901.01