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What is Proposition 200, anyways?

Posted on June 25, 2019 in drugs

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.

So what does it do?

Pursuant to Arizona Revised Statutes § 13-901.01(A), if you are convicted of the personal possession or use of a controlled substance or drug paraphernalia, then the Court must place you on probation and cannot sentence you to prison.

If this is your first ever drug offense conviction, then you cannot receive any jail time as a condition of your probation pursuant to Arizona Revised Statutes § 13-901.01(E).  Ordinarily, a Court can order jail time as a condition of probation even if you are not sentenced to prison.  For felony offenses like possession of drug paraphernalia or possession of marijuana this can be up to one year.

If, however, this is your second drug offense conviction, then the Court could sentence you to jail as a condition of probation pursuant to Arizona Revised Statutes § 13-901.01(F).  The Court may still not sentence you to prison absent any of the conditions listed below.

So who is not covered?

If you have been convicted of or indicted for a violent crime, as defined in Arizona Revised Statutes § 13-901.03, then you are out of luck pursuant to Arizona Revised Statutes § 13-901.01(B).  A violent crime means any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.

If you are convicted of possession of a controlled substance for sale, production, manufacturing or transportation, then you are not covered pursuant to Arizona Revised Statutes § 13-901.01(C).

If this is your third conviction for personal possession of a controlled substance or drug paraphernalia, then you are not covered pursuant to Arizona Revised Statutes § 13-901.01(H)(1).

If you refused drug treatment as a term of your probation then you are not covered pursuant to Arizona Revised Statutes § 13-901.01(H)(2).

If you rejected probation then you are not covered pursuant to Arizona Revised Statutes § 13-901.01(H)(3).

If you were convicted of the personal possession or use of a controlled substance or drug paraphernalia and the offense involved methamphetamine then you are not covered pursuant to Arizona Revised Statutes § 13-901.01(H)(4).

How can I use Proposition 200?

Each case is different, and so you should contact an 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.

 

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