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    Speak Up! - View Question #547


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    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.


    Comments
    1 thru 5 of 11 comments    [ 1 ]  2   3    
    On 03/23/04
    vanessa from NY said:
    I don't think that they should make marijuana legale. Do you know how many people would start using it? Some kids are affraid to use it because they don't know what will happen if they get caught. I agree with the gov. about marijuana being illegal.
    On 03/10/04
    jackie from FL said:
    ok i got caught with weed last sunday and the cop did'nt read me my rights will i still get in troulbe for it?
    On 01/28/04
    matt from AZ said:
    i got caught smoking weed at a concert a few months ago and i just got a notice in the mail about having to go to court. the court date will be 5 mos. after i got caught. dont you have a right to a speedy trial? plus the cops never gave us a ticket. they also said since it was our first time getting caught that we might be able to go on T.A.S.K. but i was just wondering what the fines might be if the judge didnt let us go on task. anyone know how much task costs? i hope not too much, i'm a broke college student. anyways, if anyone has been here or knows what i should expect, any input would b
    On 12/21/03
    bigtrock from ND said:
    How did the government acquire the right to make marijuana illegal in 1937? Isn't this a right are fore fathers fought for? It should be legal and many of our society's problems would be corrected.
    On 12/17/03
    arnold from CA said:
    I think everyone should take steriods. They help the body get a great pump. They make bodybuilding a better sport.
    1 thru 5 of 11 comments    [ 1 ]  2   3    



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