fentanyl sales; manufacture; sentencing; testing
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HB 2802 — fentanyl sales; manufacture; sentencing; testing
Last action — Vetoed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removedPlain-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.
Senate Engrossed House BillEngrossed 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 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.
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 THATOF CONTAINSFENTANYL TWOHAVING ORA MOREWEIGHT MILLIGRAMS OF FENTANYLAT 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 THATOF CONTAINSFENTANYL TWOHAVING ORA MOREWEIGHT MILLIGRAMS OF FENTANYLAT LEAST TWO MILLIGRAMS SHALL BE SENTENCED AS FOLLOWS:
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 THAT CONTAINS TWO OR MORE MILLIGRAMS OF FENTANYL ORHAVING A VIOLATIONWEIGHT OF subsectionAT A,LEAST paragraphTWO 4MILLIGRAMS 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.
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)
- Engrossed House Engrossed Version pdf
- Engrossed Senate Engrossed Version pdf
- Engrossed Conference Engrossed Version Current pdf
- Amended HOUSE - Floor Amend to Bill - passed pdf
- Amended SENATE - Kern flr amend (ref Bill) adopted pdf
- Introduced Introduced Version pdf
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.
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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.
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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.
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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.
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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.
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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.
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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 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Vetoed by Governor
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Transmit to Governor
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PASSED
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PASSED
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PASSED
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Transmit to House
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PASSED
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DPA
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DP
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Senate Second Reading
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Senate First Reading
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Transmit to Senate
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PASSED
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DPA
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House Placed on Consent Calendar
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DP
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House Second Reading
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House First Reading.
Sponsors
- Thomas "T.J." Shope · Cosponsor
- Quang H Nguyen · Cosponsor
- Teresa Martinez · Cosponsor
- Matt Gress · Primary
- Sr. David Marshall · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 88 not signed on · 41 voted No
Sponsors (1)
- Matt Gress Republican
Co-sponsors (4)
- Thomas "T.J." Shope Republican
- Quang H Nguyen Republican
- Teresa Martinez Republican
- David Marshall, Sr. Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 23 | 0 | 0 | 0 |
| Democrat | 0 | 15 | 0 | 3 |
| Unaffiliated | 8 | 11 | 0 | 0 |
| Total | 31 | 26 | 0 | 3 |
| % of votes cast | 52% | 43% | 0% | 5% |
How each member voted (60)
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 0 | 9 | 0 | 2 |
| Unaffiliated | 6 | 3 | 0 | 0 |
| Republican | 10 | 0 | 0 | 0 |
| Total | 16 | 12 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 22 | 0 | 0 | 0 |
| Unaffiliated | 9 | 10 | 0 | 1 |
| Democrat | 0 | 18 | 0 | 0 |
| Total | 31 | 28 | 0 | 1 |
| % of votes cast | 52% | 47% | 0% | 2% |
How each member voted (60)
Roll call published as PDF — view source.
Subjects
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?
- Track HB 2802 free on One Click Politics — get push/email alerts when it moves.
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