Arizona Use or Possession of Controlled Substances, Proposition 200 (1996)
|Voting on Marijuana|
|Not on ballot|
|Use or Possession of Controlled Substances|
Text of measure
The language that appeared on the ballot:
Proposition 200 would require that certain persons who are convicted of drug offenses be sentenced as follows:
1. Require that persons who commit violent crimes while under the influence of drugs serve 100% of their sentences, without eligibility for parole.
2. Require that persons who have been convicted before the proposition passes of the personal possession or use of a controlled substance such as marijuana and who are serving their sentence in prison be released on parole. A person is released on parole after serving time in jail or prison, is under the supervision of a parole officer and may have his parole revoked if any condition of parole is violated. The State Department of Corrections would be required to establish a procedure for paroling these persons. The Board of Executive Clemency would be required to release these persons unless the Board determines that a person would be a danger to the general public. Persons who are released on parole would be required to participate in drug treatment or education.
3. Require that persons who are convicted after the proposition passes of the personal possession or use of a controlled substance such as marijuana be eligible for probation. A person who is sentenced to probation does not serve any time in jail or prison, is under the supervision of a probation officer and remains free as long as the person continues his good behavior. A person on probation would be required to participate in a drug treatment or education program.
Proposition 200 would allow medical doctors to prescribe a controlled substance such as marijuana to treat a disease or to relieve the pain and suffering of a seriously or terminally ill patient. The doctor must be able to document that scientific research supports the use of the controlled substance and must obtain a written opinion from a second doctor that prescribing the controlled substance is appropriate. A patient who receives, possesses or uses a controlled substance as prescribed by a doctor would not be subject to criminal penalties.
Proposition 200 would establish the Drug Treatment and Education Fund. These monies would come from a percentage of the luxury tax on alcohol, cigarettes and other tobacco products. 50% of these monies would be transferred to Superior Court probation departments to cover the costs of placing persons in drug education and treatment programs. The remaining 50% of the monies would be transferred to the Arizona Parents Commission on Drug Education and Prevention.
Proposition 200 would establish an Arizona Parents Commission on Drug Education and Prevention. The Commission would be responsible for funding programs that increase and enhance parental involvement in drug education and treatment.