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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.
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| Comments |
| 6 thru 10 of 11 comments |
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On 12/03/03
Anonymous from AZ said:
If she is a first time offender whe will be pretty well off. She will probably face some community service and possibly a license suspenion(around 6 months) but my best guest is that she will only be placed on probation and given a few hours of community service.
Good luck
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On 09/04/03
michelle from AZ said:
my friend got caught with dui for the first time what will happen to him will he lose his lience.
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On 08/17/03
jose from AZ said:
My girl friend was arrested the other day for possesion of Marijuana
and is waiting for her court date. She was caught with 3 bags less than an once. What kind of punishment do you think she will receive? She also has no criminal record.
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On 07/28/03
Bret from TX said:
Steroids are illegal because they are very dangerous. Most steroids that peopel take are not ment for humans. Many are for animals such as horses and cows. Therefore they are made with a high potency level. A very popular steroid called DECA is especially dangerous not only for abuse but also if you are caught in possession of DECA the sentence is 50 years a CC. Even if u are a first time offender. Think smart people its not worth it to use a drug to gain more muscle mass. Just use hard work.
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On 01/20/03
steve from IN said:
i dont think steriods should be illegal in the united states.
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| Read more about the law and Illegal Substances |
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