Attorney Josh Kolsrud Discusses New Arizona Fentanyl Law With News 3

In a recent interview on Phoenix Arizona Family News 3, local defense attorney Josh Kolsrud shared his insights on a groundbreaking Arizona law targeting the sale of deadly fentanyl doses. This is the first case being prosecuted under the statute, as a Mesa man’s death has now resulted in felony charges—including manslaughter—against Kruita Leon for allegedly selling fentanyl that proved fatal.

Kolsrud explained that the new law “is really going to set a benchmark” for how future cases will be handled. One of its most significant provisions is the enhancement of penalties: for a class two felony, each potential sentencing is extended by an additional five years. For first-time offenders, the presumptive sentence now stands at 10 years in prison with a mandatory minimum term. This tough stance underscores the legislature’s commitment to deterring drug dealers and curbing the circulation of fentanyl on the streets.

A Unique Twist in Fentanyl Legislation

What caught the legal community’s attention, according to Kolsrud, is an “interesting affirmative defense” embedded in the statute. Under this provision, defendants have the opportunity to prove that the fentanyl in question was either legally produced within the United States or legally imported. If successful, this defense would completely negate the charges related to selling “critical or deadly fentanyl.” Kolsrud highlighted the rarity of this approach, noting, “I have never seen this in a state statute before.” In effect, the law acknowledges that not all fentanyl is illegally manufactured or distributed—it might be produced for legitimate medical purposes in a hospital setting or imported following strict regulatory controls.

Addressing Concerns and Strategic Intent

The new law appears to be designed with two main objectives: a general deterrent effect on drug dealers and a specific deterrent effect on individuals facing prosecution under the harsher guidelines. Kolsrud pointed out that these guidelines substantially raise the stakes for dealers, potentially pushing some to reconsider their involvement in the fentanyl trade and perhaps even seek alternative legal avenues, such as finding regular employment.

Kolsrud also touched on the legal rationale behind the statute. Rather than broadly penalizing any sale of fentanyl, the legislation appears to focus on curbing the activities of drug cartels—specifically those trafficking fentanyl from Mexico into the United States. By carving out a defense for cases involving legally produced or imported fentanyl, lawmakers aimed to avoid overly punishing American manufacturers who follow stringent safety and regulatory standards.

Implications for Future Cases

The case involving Kruita Leon is more than just an isolated incident—it is expected to serve as a precedent for future prosecutions under the new law. As legal experts and courts navigate these uncharted waters, attorneys like Josh Kolsrud will be at the forefront, interpreting and challenging the implications of its provisions. The affirmative defense, in particular, could spark significant legal debates and impact how fentanyl-related prosecutions are approached in the years to come.

Conclusion

Josh Kolsrud’s expert commentary sheds light on the evolving legal landscape surrounding drug-related offenses in Arizona. With enhanced penalties and innovative legal defenses, the new fentanyl law represents both a stern warning to drug traffickers and a nuanced approach to differentiating between illicit and legitimate fentanyl. As more cases arise under this statute, the legal community and the public alike will be watching closely to see how these high-stakes decisions unfold in court.

For readers interested in the intersection of law and public safety, Kolsrud’s insights offer a valuable perspective on how state policy is adapting to address the dangerous realities of the fentanyl crisis.