Proposed Arizona Bill Takes Aim At Fentanyl Distributors

Phoenix, AZ.Photo byPJ Gal SzaboonUnsplash

America's growing problems with the heavy-strength opiate fentanyl have been called an "epidemic" by many experts and, unfortunately, Arizona is no exception. A new proposed bill in the Arizona House of Representatives aims to deter such criminal activity in the state by creating new sentencing and legal guidelines for those who distribute, sell, or manufacture the deadly drug.

Rather than rely on the state's existing guidelines, the new bill - HB2802 - would classify fentanyl separately and apply mandatory sentencing guidelines to those who sell or otherwise distribute the drug. As currently proposed, those convicted of the sale or distribution of fentanyl would be subject to a mandatory minimum sentence of 5 years in prison for first offenses, with mandatory minimums doubling to 10 years for subsequent convictions.

While Arizona already has different classifications for different drug offenses (marijuana and peyote are classified separately from other narcotics), fentanyl is currently subject only to the general "narcotics" guidelines. These proposed measures would end that practice.

Fentanyl is a real problem in Arizona, having recently become the #1 cause of overdose deaths in the state - a title previously held by heroin. Fentanyl, at 50-100 times the strength of morphine, is far more potent and deadly than even heroin and other opiates. Just a minute amount of fentanyl can be deadly, which is of particular concern when the drug is being mixed into others, as has been the case recently in the state. Users who believe they're buying cocaine or heroin may accidentally ingest fentanyl, causing a lethal reaction.

Nationally, fentanyl deaths and overdoses were seen with some regularity as early as the mid-2000s, but recently the drug has spread in access and popularity, reaching a crisis level in the late 2010s. Fentanyl-involved overdose deaths have risen more than 400% in just the past five years, according to the National Institutes of Health. Overall drug overdoses have more than doubled in the same time period, with the increase largely attributed to fentanyl.

An ambulance.Photo byMat NapoonUnsplash

It remains to be seen if stricter sentencing guidelines and other measures will have an impact on the drug's prevalence in Arizona. Many activist groups reject mandatory minimum sentences as a deterrent, citing their high burden on the prison system and sporadic results on actual offense totals. Currently, Arizona has mandatory minimum sentences in effect for violent crimes, but no such parameters for most drug offenses.

As of this writing, the bill and its proposed measures remain in committee status in the Arizona House. For residents interested in reading the full text and proposed measures, the bill can be found here.