Question: I heard you can only get a misdemeanor if you get caught with less that two pounds under prop 202? Can someone clarify this?
Answer: Prop 200 is a law that was passed by voters in 1996. It requires non-violent first and second time drug offenders to receive treatment for their addiction. The law states that a defendant convicted for the first time of a drug offense (i.e. possession of marijuana, possession of narcotic drugs, possession of dangerous drugs, possession of drug paraphernalia) must be placed on probation and cannot be ordered to serve any jail time. (ARS 13-901.01(A)). A defendant convicted for the second time of a drug offense must also be placed on probation but can receive up to one year in jail as part of that probation. (A.R.S. 13-901.01(F)). Any conviction after the second could result in prison time. Any drug possession conviction for someone who has been previously convicted of a violent crime does not fall under Prop 200 and therefore, does not have to be placed on probation.
The crimes of Possession of Narcotic Drugs, Possession of Dangerous Drugs, Possession of Marijuana and Possession of Drug Paraphernalia are all felonies. The first two are class 4 felonies; the latter are class 6 felonies. Some class 6 felonies can be lowered to misdemeanors, but this is usually only done for first time offenders with no criminal history. The decision is usually made by the prosecutor by agreeing to drop the case to a misdemeanor in a plea agreement or by the sentencing judge, if he has discretion to do so. It is certainly possible to be convicted of a felony offense for any personal drug possession crime and, many times, that is the case. Prop 200 only states that the defendant must be placed on probation. It does not change the crimes to misdemeanors.
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