HB2802 proposes amendments to Arizona's drug laws, targeting fentanyl-related offenses. It sets new sentencing guidelines for offenses involving fentanyl, with first-time offenders facing 5 to 15 years and repeat offenders facing 10 to 20 years, depending on the severity of the offense. The bill also disqualifies individuals convicted of these offenses from sentence suspension, probation, pardon, or release from confinement. However, the bill was vetoed by the Governor due to concerns that it would criminalize substance use disorder.
Additionally, the bill introduces "drug-free neighborhood zones," similar to drug-free school zones, where selling fentanyl would incur enhanced penalties. These zones are defined as areas within 300 feet of certain health facilities and public parks, with required signage and mapping to inform the public. The bill mandates increased fines for violations within these zones and outlines the responsibilities of entities in charge of maintaining the zones.
Statutes affected: Introduced Version: 13-3408
House Engrossed Version: 13-3408
Senate Engrossed Version: 13-3408
Conference Engrossed Version: 13-3408, 13-3411, 13-3424, 36-2850, 36-2852, 36-2853, 13-703, 13-704, 13-706, 13-708, 41-1604.07, 31-233