Arizona no jail time for first or second possession of drug for personal use

Pursuant to Arizona Proposition 200, those found guilty on a first or second offense for possession of drugs for personal use do not get a confinement sentence. They are afforded the opportunity to receive drug treatment, as they are not seen as violent offenders. Proposition 200 was enacted in response to the growing jail population, which began to be occupied by an ever increasing number of drug offenders.

For a first offense, if all treatment is properly completed, the case can actually be dismissed, leaving no permanent conviction of the individual's record. The enactment of Proposition 200 is a step in the right direction for Arizona's treatment of nonviolent drug offenders. However, further progress needs to be made. Under the laws as presently written, a first time offender who is found in possession of one marijuana cigarette can actually be charged with a class 6 felony. If they fail to complete the drug treatment, and the offense is not later reduced to a class 1 misdemeanor, the person can actually come through it all as being a convicted felon for possession of a small amount of marijuana.

For further information on this topic, as well as other crimes in Arizona, please visit my website at www.win-law.com.