Arizona 56th Legislature - First Regular Session Status: To Executive 5 R cosponsors

HB 2802 — fentanyl sales; manufacture; sentencing; testing

Last action — Vetoed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Katie Hobbs (Democratic) on June 20, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

94 added · 103 removed

Plain-language change summary

The updates to HB 2802 clarify the sentencing guidelines for individuals convicted of dealing with fentanyl. Specifically, the bill now references "single unit dose" instead of just "amount," which helps specify the focus on particular doses of the drug. This change means that harsher penalties will apply if someone is found guilty of selling or producing these specific doses, particularly for repeat offenders, who will face longer minimum sentences. This matters because it aims to address the growing fentanyl crisis by imposing stricter consequences for those involved in its distribution.

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Previous
Latest
Senate Engrossed House Bill fentanyl sales;
House Engrossed fentanyl sales;
classification;
classification A.
definition A.
EXCEPT AS PROVIDED IN SUBSECTION E OF THIS SECTION, if the aggregate amount of narcotic drugs involved in one offense or all of the - 1 - H.B.
EXCEPT AS PROVIDED IN SUBSECTION E OF THIS SECTION, if the aggregate amount of narcotic drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory - 1 - H.B.
2802 offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
2802 threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
A PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2, 3, 4 OR 7 OF THIS SECTION INVOLVING A SINGLE UNIT DOSE THAT CONTAINS TWO OR MORE MILLIGRAMS OF FENTANYL SHALL BE SENTENCED AS FOLLOWS:
A PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2, 3, 4 OR 7 OF THIS SECTION INVOLVING A SINGLE UNIT DOSE OF FENTANYL HAVING A WEIGHT OF AT LEAST TWO MILLIGRAMS SHALL BE SENTENCED AS FOLLOWS:
MINIMUM PRESUMPTIVE MAXIMUM 5 CALENDAR YEARS 10 CALENDAR YEARS 15 CALENDAR YEARS A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2, 3, 4 OR 7 OF THIS SECTION INVOLVING A SINGLE UNIT DOSE THAT CONTAINS TWO OR MORE MILLIGRAMS OF FENTANYL SHALL BE SENTENCED AS FOLLOWS:
MINIMUM PRESUMPTIVE MAXIMUM 5 CALENDAR YEARS 10 CALENDAR YEARS 15 CALENDAR YEARS A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2, 3, 4 OR 7 OF THIS SECTION INVOLVING A SINGLE UNIT DOSE OF FENTANYL HAVING A WEIGHT OF AT LEAST TWO MILLIGRAMS SHALL BE SENTENCED AS FOLLOWS:
A person who is convicted of a violation of SUBSECTION A, PARAGRAPH 2, 3 OR 7 OF THIS SECTION INVOLVING A SINGLE UNIT DOSE THAT CONTAINS TWO OR MORE MILLIGRAMS OF FENTANYL OR A VIOLATION OF subsection A, paragraph 4 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
A person who is convicted of a violation of subsection A, paragraph 4 of this section OR SUBSECTION A, PARAGRAPH 2, 3 OR 7 OF THIS SECTION INVOLVING A SINGLE UNIT DOSE OF FENTANYL HAVING A WEIGHT OF AT LEAST TWO MILLIGRAMS is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
G.
SUBSECTIONS E AND F OF THIS SECTION DO NOT APPLY TO A PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 7 OF THIS SECTION THAT INVOLVES THE TRANSFER OR OFFER TO TRANSFER A SINGLE UNIT DOSE THAT CONTAINS TWO OR MORE MILLIGRAMS OF FENTANYL.
H.
G.
I.
A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the - 2 - H.B.
2802 duration of the term of probation or before the expiration of the sentence imposed.
J.
A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.
- 2 - H.B.
2802 H.
I.
K.
J.
L.
FOR THE PURPOSES OF THIS SECTION, "SINGLE UNIT DOSE" MEANS A SINGLE AMOUNT OR UNIT OF A MATERIAL, COMPOUND, MIXTURE OR PREPARATION THAT IS SEPARATELY IDENTIFIABLE AND THAT IS IN A PILL, TABLET OR CAPLET FORM OR ANY OTHER FORM THAT INDICATES THAT IT IS THE AMOUNT OR UNIT BY WHICH THE MATERIAL, COMPOUND, MIXTURE OR PREPARATION IS SEPARATELY ADMINISTERED TO OR TAKEN BY A PERSON.
View plain text versions (6)

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new penalties for fentanyl-related offenses and creates a drug-free neighborhood zone for fentanyl sales.

  • Section 13-3408

    E. A PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2, 3, 4 OR 7 OF THIS SECTION INVOLVING A SINGLE UNIT DOSE THAT CONTAINS TWO OR MORE MILLIGRAMS OF FENTANYL SHALL BE SENTENCED AS FOLLOWS: MINIMUM PRESUMPTIVE MAXIMUM 5 CALENDAR YEARS 10 CALENDAR YEARS 15 CALENDAR YEARS

    Creates specific sentencing guidelines for fentanyl offenses based on the amount involved.

  • Section 13-3408

    A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2, 3, 4 OR 7 OF THIS SECTION INVOLVING A SINGLE UNIT DOSE THAT CONTAINS TWO OR MORE MILLIGRAMS OF FENTANYL SHALL BE SENTENCED AS FOLLOWS: MINIMUM PRESUMPTIVE MAXIMUM 10 CALENDAR YEARS 15 CALENDAR YEARS 20 CALENDAR YEARS

    Establishes enhanced sentencing for repeat offenders involved with fentanyl.

  • Section 13-3408

    F. A person who is convicted of a violation of SUBSECTION A, PARAGRAPH 2, 3 OR 7 OF THIS SECTION INVOLVING A SINGLE UNIT DOSE THAT CONTAINS TWO OR MORE MILLIGRAMS OF FENTANYL OR A VIOLATION OF subsection A, paragraph 4 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

    Mandates harsh penalties, including the unavailability of probation or parole for fentanyl-related convictions.

  • Section 13-3408

    G. SUBSECTIONS E AND F OF THIS SECTION DO NOT APPLY TO A PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 7 OF THIS SECTION THAT INVOLVES THE TRANSFER OR OFFER TO TRANSFER A SINGLE UNIT DOSE THAT CONTAINS TWO OR MORE MILLIGRAMS OF FENTANYL.

    Specifies exceptions to the sentencing guidelines for certain transfer offenses involving fentanyl.

  • Section 13-3411

    A. IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY BE PRESENT IN A DRUG-FREE NEIGHBORHOOD ZONE TO SELL FENTANYL.

    Creates a new offense for selling fentanyl in designated drug-free neighborhood zones.

  • Section 13-3424

    B. A PERSON WHO VIOLATES SUBSECTION A OF THIS SECTION IS GUILTY OF THE SAME CLASS OF FELONY THAT THE PERSON WOULD OTHERWISE BE GUILTY OF HAD THE VIOLATION NOT OCCURRED WITHIN A DRUG-FREE NEIGHBORHOOD ZONE, EXCEPT THAT THE PRESUMPTIVE, MINIMUM AND MAXIMUM SENTENCE SHALL BE INCREASED BY ONE YEAR.

    Increases penalties for fentanyl sales occurring in drug-free neighborhood zones.

Amendments

1 amendment

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Action History

  1. Vetoed by Governor

  2. Transmit to Governor

  3. PASSED

  4. PASSED

  5. PASSED

  6. Transmit to House

  7. PASSED

  8. DPA

  9. DP

  10. Senate Second Reading

  11. Senate First Reading

  12. Transmit to Senate

  13. PASSED

  14. DPA

  15. House Placed on Consent Calendar

  16. DP

  17. House Second Reading

  18. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 88 not signed on · 41 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (88)

88 members have not signed on to this bill.

Show all 88 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 31 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 23000
Democrat 01503
Unaffiliated 81100
Total 312603
% of votes cast 52%43%0%5%
How each member voted (60)
Member Party Vote
Amish Shah — Nay
Andres Cano — Nay
Athena Salman — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Longdon — Nay
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Nay
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Travis W. Grantham — Yea
Alma Hernandez Democrat Not Voting
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Not Voting
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Not Voting
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Passed

Passed 16 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 0902
Unaffiliated 6300
Republican 10000
Total 161202
% of votes cast 53%40%0%7%
How each member voted (30)
Member Party Vote
Anna Hernandez — Nay
Anthony Kern — Yea
Christine Marsh — Nay
Juan Mendez — Nay
Justine Wadsack — Yea
Ken Bennett — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Steve Kaiser — Yea
Brian Fernandez Democrat Nay
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Burch Democrat Nay
Eva Diaz Democrat Not Voting
Flavio Bravo Democrat Nay
Lela Alston Democrat Not Voting
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Thomas "T.J." Shope Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Passed

Passed 31 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 22000
Unaffiliated 91001
Democrat 01800
Total 312801
% of votes cast 52%47%0%2%
How each member voted (60)
Member Party Vote
Amish Shah — Not Voting
Andres Cano — Nay
Athena Salman — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Longdon — Nay
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Nay
Liz Harris — Yea
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Travis W. Grantham — Yea
Alma Hernandez Democrat Nay
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Flavio Bravo Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 2802?
HB 2802 is sponsored by Thomas "T.J." Shope (Republican), Quang H Nguyen (Republican), Teresa Martinez (Republican), Matt Gress (Republican), and David Marshall, Sr. (Republican).
What is the current status of HB 2802?
This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2802?
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