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SB1061 - 572R - S Ver
Senate Engrossed
fentanyl; sale
amount; nine grams
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1061
AN
ACT
Amending section 13-3408, Arizona
Revised Statutes; relating to drug offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3408, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3408.
Possession, use, administration, acquisition, sale, manufacture
or transportation of narcotic drugs; classification
A. Except as provided in section 36-2850, paragraph
19, subdivision (b), section 36-2852 and section 36-2853,
subsection C, a person shall not knowingly:
1. Possess or use a narcotic drug.
2. Possess a narcotic drug for sale.
3. Possess equipment or chemicals, or both, for the
purpose of manufacturing a narcotic drug.
4. Manufacture a narcotic drug.
5. Administer a narcotic drug to another person.
6. Obtain or procure the administration of a
narcotic drug by fraud, deceit, misrepresentation or subterfuge.
7. Transport for sale, import into this state, offer
to transport for sale or import into this state, sell, transfer or offer to
sell or transfer a narcotic drug.
B. A person who violates:
1. Subsection A, paragraph 1 of this section is
guilty of a class 4 felony.
2. Subsection A, paragraph 2 of this section is
guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is
guilty of a class 3 felony.
4. Subsection A, paragraph 4 of this section is
guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is
guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is
guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is
guilty of a class 2 felony.
C. A person who is convicted of a violation of
subsection A, paragraph 1, 3 or 6 of this section and who has not previously
been convicted of any felony or who has not been sentenced pursuant to section
13-703, section 13-704, subsection A, B, C, D or E, section 13-706,
subsection A, section 13-708, subsection D or any other provision of law
making the convicted person ineligible for probation is eligible for probation.
D. 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 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.
E. A person who is convicted of 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.
F. If
the
a
person
is convicted of a violation of subsection A, paragraph 2 or 7 of this section
and the violation involves the sale to another person of fentanyl in an amount
of at least
two hundred
nine
grams,
the person 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 or 7 of this section involving the sale to another
person of fentanyl in an amount of at least
two hundred
nine
grams shall be sentenced as follows:
Minimum
���������������
Presumptive
��������������
Maximum
10 calendar years����� 15 calendar years�������� 20 calendar
years
G. The presumptive term imposed pursuant to
subsection F of this section may be mitigated or aggravated pursuant to section
13-701, subsections D and E.
H. If
the
a
person
is convicted of a violation of subsection A, paragraphs 2 and 7 of this section
and the violation involves the possession of fentanyl in a motor vehicle in an
amount of at least two hundred grams, the person 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, paragraphs 2 and 7
of this section
involving the possession of fentanyl in a motor vehicle in an amount of at
least two hundred grams shall be sentenced as follows:
Minimum
���������������
Presumptive
��������������
Maximum
10 calendar years����� 15 calendar years�������� 20 calendar
years
I. The presumptive term imposed pursuant to
subsection H of this section may be mitigated or aggravated pursuant to section
13-701, subsections D and E.
J. In addition to any other penalty prescribed by
this title, the court shall order a person who is convicted of a violation of
this section to pay a fine of not less than $2,000 or three times the value as
determined by the court of the narcotic drugs involved in or giving rise to the
charge, whichever is greater, and not more than the maximum authorized by
chapter 8 of this title.� A judge shall not suspend any part or all of the
imposition of any fine required by this subsection.
K. 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.
L. If a person who is convicted of a violation of
this section is granted probation, the court shall order that as a condition of
probation the person perform not less than three hundred sixty hours of
community restitution with an agency or organization that provides counseling,
rehabilitation or treatment for alcohol or drug abuse, an agency or
organization that provides medical treatment to persons who abuse controlled
substances, an agency or organization that serves persons who are victims of
crime or any other appropriate agency or organization.
END_STATUTE