How Prop 200 Can Affect Your Drug Case
In 1996, Arizona voters passed Proposition 200. Part of Proposition 200 became A.R.S. § 13-901.01 entitled “Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education; exceptions; definition.”
A person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia is eligible for probation according to A.R.S. § 13-901.01(A). The definition of “controlled substance” is the same as that found at A.R.S. § 36-2501 pursuant to A.R.S. § 13-901.01(J). As a condition of probation, the court shall require a person placed on probation to participate in and pay for to the extent of his or her financial ability an appropriate drug treatment or education program administered by a qualified agency or organization that provides programs to persons who abuse controlled substances pursuant to A.R.S. § 13-901.01(D).
A person who the court determines has violated probation shall have new conditions established by the court under A.R.S. § 13-901.01(E). The court shall select additional terms it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other sanctions except a term of incarceration unless the court determines that the person violated probation by committing a drug offense or imitation substance or drug offense or an act in violation of a court order related to drug treatment.
If a person is convicted a second time of personal possession or use of a controlled substance or drug paraphernalia, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest of any other action within the court’s jurisdiction according to A.R.S. § 13-901.01 (F).
If a person on probation fails or refuses to participate in drug treatment, the probation department or the prosecutor may petition the court to revoke the person’s probation according to A.R.S. § 13-901.01(G). If the court finds that the person refused to participate in drug treatment, the person is no longer eligible for probation and shall be sentenced under the relevant A.R.S. criminal code section for drug offenses found in Title 13, Chapter 34.
Personal possession or use of a controlled substance under A.R.S. § 13-901.01 shall not include possession for sale, production, manufacturing or transportation for sale of any controlled substance pursuant to A.R.S. § 13-901.01(C).
The following persons are not eligible for probation under A.R.S. § 13-901.01 and shall be sentenced pursuant to Title 13, Chapter 34:
- A person who has been convicted of or indicted for a violent crime as defined in A.R.S. § 13-901.03 as any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument. See R.S. § 13-901.01 (B).
- A person who has been convicted three times of personal possession of a controlled substance or drug paraphernalia. See R.S. § 13-901.01(H)(1).
- A person who has refused drug treatment as a term of probation. See R.S. § 13-901.01(H)(2).
- A person who has rejected probation. See R.S. § 13-901.01 (H)(3).
- A person whose offense involved methamphetamine. See R.S. § 13-901.01(H)(4).
A court is not prohibited from placing a person ineligible for A.R.S. § 13-901.01 probation under probation pursuant to A.R.S. § 13-901 if the person otherwise qualifies for probation under that section according to A.R.S. § 13-901.01(I).
If you or a loved one has been charged with a drug offense, you need an experienced attorney to see if probation under A.R.S. § 13-901.01 is possible. Robert A. Dodell, Attorney At Law has over thirty years experience. Call him today for a free initial consultation.
Proposition 200 Probation for Drug Offenses first appeared on:
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