Bill > SB1013

This bill modifies Arizona law regarding probation eligibility for individuals convicted of personal possession of controlled substances, specifically targeting fentanyl possession. Under the proposed changes, a person convicted of personal possession or use of fentanyl would no longer be automatically eligible for probation and could instead be sentenced under standard criminal sentencing guidelines (chapter 34), with the exception of individuals who have a valid medical prescription for fentanyl. The bill is motivated by the significant increase in fentanyl-related deaths in Arizona and the drug's extreme potency, which can be fatal even in small amounts. The legislative findings highlight Arizona's challenges with fentanyl, particularly due to its proximity to the southern border and the drug's role as a primary driver of overdose deaths. The bill follows a similar precedent set in 2006 with methamphetamine, where the state allowed courts more flexibility in sentencing to encourage treatment compliance. The proposed amendment requires an affirmative vote of at least three-fourths of the members in each legislative house to take effect, reflecting the significant policy change. By removing automatic probation for fentanyl possession, the bill aims to provide stronger legal deterrents against drug abuse and support more robust interventions for individuals struggling with fentanyl addiction.

Government Affairs, Justice

https://apps.azleg.gov/BillStatus/BillOverview/81610