What is Proposition 200, Anyways?

Proposition 200 was a voter initiative passed in Arizona in 1996 that provided substantial protections for those people charged with possessing drugs. The law was enacted as Arizona Revised Statutes § 13-901.01 and has been modified over its lifetime to change which drugs are eligible for Proposition 200’s protections. Continue reading to learn more about Proposition 200 and if you have further questions, speak with a dedicated Phoenix drug possession lawyer.

What Does Proposition 200 Do?

Under A.R.S. § 13-901.01, a person convicted of qualifying personal possession or use of a controlled substance or drug paraphernalia is eligible for probation and must participate in an appropriate drug-treatment or education program.

Who Is Not Covered?

The statute does not cover possession for sale, production, manufacturing, or transportation for sale. Other exclusions include certain violent-crime histories, repeat convictions, refusal of treatment, rejection of probation, and offenses involving methamphetamine.

How Proposition 207 Changed Marijuana Cases

Proposition 207 separately made specified marijuana conduct lawful for adults who are at least 21. Arizona law generally permits an adult to possess, use, purchase, process, or transport one ounce or less of marijuana, including no more than five grams of concentrate, and permits limited home cultivation subject to statutory requirements. Conduct protected by Proposition 207 is not a Proposition 200 drug offense. Possession above the permitted amount, possession by someone under 21, unlicensed sales, and other conduct outside Proposition 207’s protections can still carry civil or criminal consequences.

How Can I Use Proposition 200?

Each case is different, and so you should contact a Phoenix criminal defense attorney who is experienced in handling drug offenses that are potentially covered by Proposition 200 to review what your options and problem areas could be going forward. Proposition 200 can be a huge benefit to you in your criminal case and can minimize the harm that can come to you, but it is not a cure-all and will not prevent you from being convicted. You should speak with an attorney experienced in handling drug cases to find the best defenses to your individual case.