A Guide to Drug-Related State Ballot Initiatives
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AMENDING TITLE
13, TITLE 41, AND TITLE 42, OF THE ARIZONA REVISED STATUTES; AMENDING
TITLE 41, CHAPTER 11, BY ADDING §41-1604.16; RELATING TO ESTABLISHMENT
OF THE ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION;
AMENDING TITLE 41, CHAPTER 11, BY ADDING §41-1604.14; RELATING TO PERSONS
NOT ELIGIBLE FOR PAROLE; AMENDING TITLE 13, CHAPTER 13, BY AMENDING
§13-3412 AND ADDING §13-3412.01; RELATING TO PERMISSIBLE USE OF CONTROLLED
SUBSTANCES BY SERIOUSLY ILL OR TERMINALLY ILL PATIENTS; AMENDING TITLE
41, CHAPTER 11, BY ADDING §41-1604.15 AND AMENDING TITLE 31, CHAPTER
3, BY ADDING §31-411.01; RELATING TO PAROLE FOR PERSONS CONVICTED OF
PERSONAL POSSESSION OR USE OF CONTROLLED SUBSTANCES; AMENDING TITLE
13, CHAPTER 9, BY ADDING §13-901.01; RELATING TO PROBATION FOR PERSONS
CONVICTED OF PERSONAL POSSESSION OR USE OF CONTROLLED SUBSTANCES AND
BY ADDING §13-901.02; RELATING TO THE ESTABLISHMENT OF THE DRUG TREATMENT
AND EDUCATION FUND; AND AMENDING TITLE 42, CHAPTER 12, BY ADDING §42-1204.01;
RELATING TO LUXURY PRIVILEGE TAXES; AND PROVIDING FOR SEVERABILITY.
Be it enacted by the people of the State of Arizona: The following amendments are proposed to become valid when approved by a majority of the qualified electors voting thereon and upon proclamation pursuant thereto by the Governor of the State of Arizona.
Section 1. TITLE
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "DRUG MEDICALIZATION, PREVENTION, AND CONTROL ACT OF 1996."
Section 2. FINDINGS AND DECLARATIONS
THE PEOPLE OF THE STATE OF ARIZONA FIND AND DECLARE THE FOLLOWING:
- ARIZONA'S CURRENT APPROACH TO DRUG CONTROL NEEDS TO BE STRENGTHENED. THIS IS EVIDENCED BY THE FACT THAT, ACCORDING TO THE ARIZONA CRIMINAL JUSTICE COMMISSION, BETWEEN 1991 AND 1993 MARIJUANA USE DOUBLED AMONG ELEMENTARY SCHOOL STUDENTS AND, BETWEEN 1990 AND 1993 QUADRUPLED AMONG MIDDLE-SCHOOL STUDENTS. IN ADDITION TO ACTIVELY ENFORCING OUR CRIMINAL LAWS AGAINST DRUGS, WE NEED TO MEDICALIZE ARIZONA'S DRUG CONTROL POLICY: RECOGNIZING THAT DRUG ABUSE IS A PUBLIC HEALTH PROBLEM AND TREATING ABUSE AS A DISEASE. THUS, DRUG TREATMENT AND PREVENTION MUST BE EXPANDED.
- WE MUST ALSO TOUGHEN ARIZONA'S LAWS AGAINST VIOLENT CRIMINALS ON DRUGS. ANY PERSON WHO COMMITS A VIOLENT CRIME WHILE UNDER THE INFLUENCE OF ILLEGAL DRUGS SHOULD SERVE 100% OF HIS OR HER SENTENCE WITH ABSOLUTELY NO EARLY RELEASE.
- THOUSANDS OF ARIZONANS SUFFER FROM DEBILITATING DISEASES SUCH AS GLAUCOMA, MULTIPLE SCLEROSIS, CANCER, AND AIDS, BUT CANNOT HAVE ACCESS TO THE NECESSARY DRUGS THEY NEED. ALLOWING DOCTORS TO PRESCRIBE SCHEDULE I CONTROLLED SUBSTANCES COULD SAVE VICTIMS OF THESE DISEASES FROM LOSS OF SIGHT, LOSS OF PHYSICAL CAPACITY, AND GREATLY REDUCE THE PAIN AND SUFFERING OF THE SERIOUSLY ILL AND TERMINALLY ILL.
- THE DRUG PROBLEMS OF NON-VIOLENT PERSONS WHO ARE CONVICTED OF PERSONAL POSSESSION OR USE OF DRUGS ARE BEST HANDLED THROUGH COURT-SUPERVISED DRUG TREATMENT AND EDUCATION PROGRAMS. THESE PROGRAMS ARE MORE EFFECTIVE THAN LOCKING NON-VIOLENT OFFENDERS UP IN A COSTLY PRISON. PILOT PROGRAMS IN ARIZONA THAT PROVIDE TREATMENT ALTERNATIVES TO PRISON FOR LOW LEVEL DRUG OFFENDERS HAVE A 73% SUCCESS RATE AND COST ROUGHLY 1/8 AS MUCH AS PRISON. OVER THE NEXT DECADE HUNDREDS OF MILLIONS OF DOLLARS CAN BE SAVED BY USING MANDATORY DRUG TREATMENT AND EDUCATION PROGRAMS AS AN ALTERNATIVE TO PRISON.
- VIOLENT OFFENDERS ARE NOT ADEQUATELY PUNISHED DUE TO THE PRISON OVER-CROWDING CRISIS IN ARIZONA. PLACING NON-VIOLENT PERSONS WHO ARE CONVICTED OF PERSONAL POSSESSION OR USE OF DRUGS IN COURT-SUPERVISED DRUG TREATMENT AND EDUCATION PROGRAMS WILL FREE UP SPACE IN OUR PRISONS SO THAT THERE IS ROOM TO INCARCERATE VIOLENT OFFENDERS AND DRUG DEALERS.
- THE MISSING LINK IN DRUG EDUCATION AND PREVENTION IS PARENTAL INVOLVEMENT. THE TAX DOLLARS SAVED BY ELIMINATING PRISON TIME FOR NON-VIOLENT PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF DRUGS SHOULD BE USED FOR DRUG TREATMENT AND EDUCATION, TARGETED AT PROGRAMS THAT INCREASE PARENTAL INVOLVEMENT IN THEIR CHILDREN'S DRUG-EDUCATION.
Section 3. PURPOSE AND INTENT
THE PEOPLE OF THE STATE OF ARIZONA DECLARE THEIR PURPOSES TO BE AS FOLLOWS:
- TO REQUIRE THAT ANY PERSON WHO COMMITS A VIOLENT CRIME UNDER THE INFLUENCE OF DRUGS SERVE 100 PERCENT OF HIS OR HER SENTENCE AND NOT BE ELIGIBLE FOR PAROLE OR ANY FORM OF EARLY RELEASE.
- TO PERMIT DOCTORS TO PRESCRIBE SCHEDULE I CONTROLLED SUBSTANCES TO TREAT A DISEASE, OR TO RELIEVE THE PAIN AND SUFFERING OF SERIOUSLY ILL AND TERMINALLY ILL PATIENTS.
- TO REQUIRE THAT NON-VIOLENT PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF DRUGS SUCCESSFULLY UNDERGO COURT-SUPERVISED MANDATORY DRUG TREATMENT PROGRAMS AND PROBATION.
- TO REQUIRE THAT NON-VIOLENT PERSONS CURRENTLY IN PRISON FOR PERSONAL POSSESSION OR USE OF ILLEGAL DRUGS, AND NOT SERVING A CONCURRENT SENTENCE FOR ANOTHER CRIME, OR PREVIOUSLY CONVICTED OR SENTENCED OR SUBJECT TO SENTENCING UNDER ANY HABITUAL CRIMINAL STATUTE IN ANY JURISDICTION IN THE UNITED STATES, BE MADE ELIGIBLE FOR IMMEDIATE PAROLE AND DRUG TREATMENT, EDUCATION AND COMMUNITY SERVICE.
- TO FREE UP SPACE IN OUR PRISONS TO PROVIDE ROOM FOR VIOLENT OFFENDERS.
- TO EXPAND THE SUCCESS OF PILOT DRUG INTERVENTION PROGRAMS WHICH DIVERT DRUG OFFENDERS FROM PRISON TO DRUG TREATMENT, EDUCATION, AND COUNSELING.
Section 4.
Title 41,
Chapter 11, Arizona Revised Statutes, is amended by adding §41-1604.16
to read as follows:
§41-1604.16. ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION.
- THE ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION IS HEREBY CREATED. THE COMMISSION SHALL CONSIST OF NINE (9) MEMBERS. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED BY THE GOVERNOR WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF THIS ACT AND SHALL SERVE A TWO YEAR TERM. OF THE NINE MEMBERS, FIVE SHALL BE PARENTS WITH CHILDREN CURRENTLY ENROLLED IN AN ARIZONA SCHOOL, ONE SHALL BE A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY, ONE SHALL BE AN EDUCATOR IN A LOCAL SCHOOL DISTRICT, ONE SHALL BE A REPRESENTATIVE OF A COUNTY PROBATION DEPARTMENT, AND ONE SHALL BE A REPRESENTATIVE OF THE DRUG EDUCATION AND TREATMENT COMMUNITY.
- EACH MEMBER SHALL BE APPOINTED FOR A TERM OF TWO YEARS. THE MEMBERS SHALL RECEIVE NO PAY, BUT MAY BE REIMBURSED FOR ACTUAL EXPENSES INCURRED ON COMMISSION BUSINESS.
- THE COMMISSION SHALL FUND PROGRAMS THAT WILL INCREASE AND ENHANCE PARENTAL INVOLVEMENT AND WILL INCREASE EDUCATION ABOUT THE SERIOUS RISKS AND PUBLIC HEALTH PROBLEMS CAUSED BY THE ABUSE OF ALCOHOL AND CONTROLLED SUBSTANCES.
- THE COMMISSION SHALL CONTRACT FOR ADMINISTRATIVE AND PROFESSIONAL SERVICES WITH A NOT FOR PROFIT ORGANIZATION OR GOVERNMENT ENTITY WITH EXPERTISE IN SUBSTANCE ABUSE EDUCATION AND PREVENTION.
Section 5.
Title 41, Chapter 11, Arizona Revised Statutes, is amended by adding §41-1604.14 to read as follows:
§4l-1604.14. PAROLE NONELIGIBILITY; VIOLENT CRIME; INFLUENCE OF CONTROLLED SUBSTANCE; DEFINITION
- NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PERSON CONVICTED OF A VIOLENT CRIME COMMITTED WHILE UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE IN VIOLATION OF THE PROVISIONS TITLE 13, CHAPTER 34, IS NONELIGIBLE FOR PAROLE AND MUST SERVE 100 PERCENT OF HIS OR HER SENTENCE IN PRISON. PURSUANT TO §41-1604.09, THE DIRECTOR SHALL INCLUDE ANY SUCH PERSON IN THE CLASSES OF NON-ELIGIBILITY REQUIRED TO BE ESTABLISHED BY THE DIRECTOR.
- FOR THE PURPOSE OF THIS SECTION, A VIOLENT CRIME INCLUDES ANY CRIMINAL ACT WHICH RESULTS IN DEATH OR PHYSICAL INJURY OR ANY CRIMINAL USE OF WEAPONS OR DANGEROUS INSTRUMENTS.
Section 6.
Title 13, Chapter 13, §13-3412, Arizona Revised Statutes, is amended as follows:
§13-3412. Exceptions and exemptions; burden of proof; privileged communications.
- The provisions
of §§13-3402, 13-3403, 13-3404, 13-3404.01 and 13-3405 through 13-3409
do not apply to:
- Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of §32-1921 and 32-1961.
- Medical practitioners, pharmacies and pharmacists while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.
- Persons who lawfully acquire and use such drugs only for scientific purposes.
- Officers and employees of the United States, this state or a political subdivision of the United States or this state, while acting in the course of their official duties.
- An employee or agent of a person described in paragraphs 1 through 4 of this subsection, and a registered nurse or medical technician under the supervision of a medical practitioner, while such employee, agent, nurse or technician is acting in the course of professional practice or employment, and not on his own account.
- A common or contract carrier or warehouseman, or an employee of such carrier or warehouseman, whose possession of such drugs is in the usual course of business or employment.
- Persons lawfully in possession or control of controlled substances authorized by title 36, chapter 27.
- Persons who sell any non-narcotic substance that under the federal food, drug and cosmetic act may lawfully be sold over the counter without a prescription.
- THE RECEIPT, POSSESSION OR USE, OF A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I OF §36-2512, BY ANY SERIOUSLY ILL OR TERMINALLY ILL PATIENT, PURSUANT TO THE PRESCRIPTION OF A DOCTOR IN COMPLIANCE WITH THE PROVISIONS OF §13-3412.01.
- In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of this chapter the burden of proof of any such exception, excuse, defense or exemption is on the defendant.
- In addition to other exceptions to the physician-patient privilege, information communicated to a physician in an effort to procure unlawfully a prescription-only, dangerous or narcotic drug, or to procure unlawfully the administration of such drug, is not a privileged communication.
Section7.
Title 13, Chapter 13, Arizona Revised Statutes, is amended by adding §13-3412.01 to read as follows:
§13-3412.01. PRESCRIBING CONTROLLED SUBSTANCES INCLUDED IN SCHEDULE I OF §36-2512 FOR SERIOUSLY ILL AND TERMINALLY ILL PATIENTS
- NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY MEDICAL DOCTOR LICENSED TO PRACTICE IN ARIZONA MAY PRESCRIBE A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I OF §36-2512 TO TREAT A DISEASE, OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT, SUBJECT TO THE PROVISIONS OF §13-3412.01. IN PRESCRIBING SUCH A CONTROLLED SUBSTANCE, THE MEDICAL DOCTOR SHALL COMPLY WITH PROFESSIONAL MEDICAL STANDARDS.
- NOTWITHSTANDING ANY LAW TO THE CONTRARY, A MEDICAL DOCTOR MUST DOCUMENT THAT SCIENTIFIC RESEARCH EXISTS WHICH SUPPORTS THE USE OF A CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OF §36-2512 TO TREAT A DISEASE, OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT BEFORE PRESCRIBING THE CONTROLLED SUBSTANCE. A MEDICAL DOCTOR PRESCRIBING A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I OF §36-2512 TO TREAT A DISEASE, OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT, MUST OBTAIN THE WRITTEN OPINION OF A SECOND MEDICAL DOCTOR THAT THE PRESCRIBING OF THE CONTROLLED SUBSTANCE IS APPROPRIATE TO TREAT A DISEASE OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT. THE WRITTEN OPINION OF THE SECOND MEDICAL DOCTOR SHALL BE KEPT IN THE PATIENT'S OFFICIAL MEDICAL FILE. BEFORE PRESCRIBING THE CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I OF §36-2512 THE MEDICAL DOCTOR SHALL RECEIVE IN WRITING THE CONSENT OF THE PATIENT.
- ANY FAILURE TO COMPLY WT. THE PROVISIONS OF THIS SECTION MAY BE THE SUBJECT OF INVESTIGATION AND APPROPRIATE DISCIPLINING ACTION BY THE BOARD OF MEDICAL EXAMINERS.
Section 8.
Title 41, Chapter 11, Arizona Revised Statutes, is amended by adding §4l-1604.15 to read as follows:
§41-1604.15. PAROLE ELIGIBILITY FOR PERSONS PREVIOUSLY CONVICTED OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE
- NOTWITHSTANDING ANY LAW TO THE CONTRARY, IF A PRISONER HAS BEEN CONVICTED OF THE PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN §36-2501, AND IS NOT CONCURRENTLY SERVING ANOTHER SENTENCE, THE PRISONER SHALL BE ELIGIBLE FOR PAROLE.
- ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLENT CRIME AS DEFINED IN §41-1604.14, SUBSECTION B OR HAS PREVIOUSLY BEEN CONVICTED, SENTENCED OR SUBJECT TO SENTENCING UNDER ANY HABITUAL CRIMINAL STATUTE IN ANY JURISDICTION IN THE UNITED STATES, SHALL NOT BE ELIGIBLE FOR PAROLE PURSUANT TO THE PROVISIONS OF THIS SECTION.
- PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE PURSUANT TO THIS ACT SHALL NOT INCLUDE POSSESSION FOR SALE, PRODUCTION, MANUFACTURING, OR TRANSPORTATION FOR SALE OF ANY CONTROLLED SUBSTANCE.
- WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE DIRECTOR OF THE STATE DEPARTMENT OF CORRECTIONS SHALL PREPARE A LIST WHICH IDENTIFIES EACH PERSON WHO IS ELIGIBLE FOR PAROLE PURSUANT TO THE PROVISIONS OF THIS SECTION, AND DELIVER THE LIST TO THE BOARD OF EXECUTIVE CLEMENCY.
Section 9.
Title 31, Chapter 3, Arizona Revised Statutes, is amended by adding §31-411.01 to read as follows:
§31-411.01. PAROLE FOR PERSONS PREVIOUSLY CONVICTED OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE; TREATMENT; PREVENTION; EDUCATION; TERMINATION OF PAROLE
- NOTWITHSTANDING ANY LAW TO THE CONTRARY, EVERY PRISONER WHO IS ELIGIBLE FOR PAROLE PURSUANT TO THE PROVISIONS OF §41-1604.15 SHALL BE RELEASED UPON PAROLE, PROVIDED, HOWEVER THAT IF THE BOARD OF EXECUTIVE CLEMENCY DETERMINES THAT A PRISONER SO ELIGIBLE WOULD BE A DANGER TO THE GENERAL PUBLIC, THAT PRISONER SHALL NOT BE RELEASED UPON PAROLE.
- AS TO EACH PRISONER RELEASED UPON PAROLE PURSUANT TO THE PROVISIONS OF THIS SECTION, THE BOARD SHALL ORDER THAT AS A CONDITION OF PAROLE THE PERSON BE REQUIRED TO PARTICIPATE IN AN APPROPRIATE DRUG TREATMENT OR EDUCATION PROGRAM ADMINISTERED BY A QUALIFIED AGENCY OR ORGANIZATION THAT PROVIDES SUCH TREATMENTS TO PERSONS WHO ABUSE CONTROLLED SUBSTANCES. EACH PERSON ENROLLED IN A DRUG TREATMENT OR EDUCATION PROGRAM SHALL BE REQUIRED TO PAY FOR HIS OR HER PARTICIPATION IN THE PROGRAM TO THE EXTENT OF HIS OR HER FINANCIAL ABILITY.
- EACH PERSON RELEASED UPON PAROLE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL REMAIN ON PAROLE UNLESS THE BOARD REVOKES PAROLE OR GRANTS AN ABSOLUTE DISCHARGE FROM PAROLE OR UNTIL THE PRISONER REACHES HIS OR HER INDIVIDUAL EARNED RELEASE CREDIT DATE PURSUANT TO §41-1604.10. WHEN THE PRISONER REACHES HIS OR HER INDIVIDUAL EARNED RELEASE CREDIT DATE, HIS OR HER PAROLE SHALL BE TERMINATED AND HE OR SHE SHALL NO LONGER BE UNDER THE AUTHORITY OF THE BOARD.
Section 10.
Title 13, Chapter 9, Arizona Revised Statutes, is amended by adding §13-901.01 to read as follows:
§13-901.01. PROBATION FOR PERSONS CONVICTED OF PERSONAL POSSESSION AND USE OF CONTROLLED SUBSTANCES; TREATMENT; PREVENTION; EDUCATION
- NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PERSON WHO IS CONVICTED OF THE PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN §36-2501 SHALL BE ELIGIBLE FOR PROBATION. THE COURT SHALL SUSPEND THE IMPOSITION OR EXECUTION OF SENTENCE AND PLACE SUCH PERSON ON PROBATION.
- ANY PERSON WHO HAS BEEN CONVICTED OF OR INDICTED FOR A VIOLENT CRIME AS DEFINED §41-1604.14, SUBSECTION B SHALL NOT BE ELIGIBLE FOR PROBATION AS PROVIDED FOR IN THIS SECTION, BUT INSTEAD SHALL BE SENTENCED PURSUANT TO THE OTHER PROVISIONS OF TITLE 13, CHAPTER 34.
- PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE PURSUANT TO THIS ACT SHALL NOT INCLUDE POSSESSION FOR SALE, PRODUCTION, MANUFACTURING, OR TRANSPORTATION FOR SALE OF ANY CONTROLLED SUBSTANCE.
- IF A PERSON IS CONVICTED OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN §36-2501, AS A CONDITION OF PROBATION, THE COURT SHALL REQUIRE PARTICIPATION IN AN APPROPRIATE DRUG TREATMENT OR EDUCATION PROGRAM ADMINISTERED BY A QUALIFIED AGENCY OR ORGANIZATION THAT PROVIDES SUCH PROGRAMS TO PERSONS WHO ABUSE CONTROLLED SUBSTANCES. EACH PERSON ENROLLED IN A DRUG TREATMENT OR EDUCATION PROGRAM SHALL BE REQUIRED TO PAY FOR HIS OR HER PARTICIPATION IN THE PROGRAM TO THE EXTENT OF HIS OR HER FINANCIAL ABILITY.
- A PERSON WHO HAS BEEN PLACED ON PROBATION UNDER THE PROVISIONS OF THIS SECTION, WHO IS DETERMINED BY THE COURT TO BE IN VIOLATION OF HIS OR HER PROBATION SHALL HAVE NEW CONDITIONS OF PROBATION ESTABLISHED IN THE FOLLOWING MANNER: THE COURT SHALL SELECT THE ADDITIONAL CONDITIONS IT DEEMS NECESSARY, INCLUDING INTENSIFIED DRUG TREATMENT, COMMUNITY SERVICE, INTENSIVE PROBATION, HOME ARREST, OR ANY OTHER SUCH SANCTIONS SHORT OF INCARCERATION.
- IF PERSON IS CONVICTED A SECOND TIME OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN §36-2501, THE COURT MAY INCLUDE ADDITIONAL CONDITIONS OF PROBATION IT DEEMS NECESSARY, INCLUDING INTENSIFIED DRUG TREATMENT, COMMUNITY SERVICE, INTENSIVE PROBATION, HOME ARREST, OR ANY OTHER ACTION WITHIN THE JURISDICTION OF THE COURT.
- A PERSON WHO HAS BEEN CONVICTED THREE TIMES OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN §36-2501 SHALL NOT BE ELIGIBLE FOR PROBATION UNDER THE PROVISIONS OF THIS SECTION, BUT INSTEAD SHALL BE SENTENCED PURSUANT TO THE OTHER PROVISIONS OF TITLE 13, CHAPTER 34.
Section 11.
Title 13, Chapter 9, Arizona Revised Statutes, is amended by adding §13-901.02 to read as follows:
§13-901.02. DRUG TREATMENT AND EDUCATION FUND
- THERE IS HEREBY CREATED A SPECIAL FUND WHICH SHALL BE CALLED THE DRUG TREATMENT AND EDUCATION FUND IN THE ADMINISTRATIVE OFFICE OF SUPREME COURT.
- FIFTY (50) PERCENT OF THE MONIES DEPOSITED IN THE DRUG TREATMENT AND EDUCATION FUND SHALL BE DISTRIBUTED BY THE ADMINISTRATIVE OFFICE OF THE SUPREME COURT TO THE SUPERIOR COURT PROBATION DEPARTMENTS TO COVER THE COSTS OF PLACING PERSONS IN DRUG EDUCATION AND TREATMENT PROGRAMS ADMINISTERED BY A QUALIFIED AGENCY OR ORGANIZATION THAT PROVIDES SUCH PROGRAMS TO PERSONS WHO ABUSE CONTROLLED SUBSTANCES. SUCH MONIES SHALL BE ALLOCATED TO SUPERIOR COURT PROBATION DEPARTMENTS ACCORDING TO A FORMULA BASED ON PROBATION CASELOAD TO BE ESTABLISHED BY THE ADMINISTRATIVE OFFICE OF THE SUPREME COURT.
- FIFTY (50) PERCENT OF THE MONIES DEPOSITED IN THE DRUG TREATMENT AND EDUCATION FUND SHALL BE TRANSFERRED TO THE ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION ESTABLISHED PURSUANT TO §41-1604.16.
- THE ADMINISTRATIVE OFFICE OF THE SUPREME COURT SHALL CAUSE TO BE PREPARED AT THE END OF EACH FISCAL YEAR AFTER 1997 AN ACCOUNTABILITY REPORT CARD THAT DETAILS THE COST SAVINGS REALIZED FROM THE DIVERSION OF PERSONS FROM PRISONS TO PROBATION. A COPY OF THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE, AND A COPY OF THE REPORT SHALL BE SENT TO EACH PUBLIC LIBRARY IN THE STATE. THE ADMINISTRATIVE OFFICE OF THE SUPREME COURT SHALL RECEIVE REIMBURSEMENT FROM THE DRUG TREATMENT AND EDUCATION FUND FOR ANY ADMINISTRATIVE COSTS IT INCURS IN THE IMPLEMENTATION OF THIS ACT.
Section 12.
Title 42, Chapter 12 is amended by adding §42-1204.01 as follows:
§42-1204.01. LUXURY PRIVILEGES TAX; PURPOSE; DRUG TREATMENT AND EDUCATION FUND; DEPARTMENT OF CORRECTIONS REVOLVING FUND
- NOTWITHSTANDING ANY LAW TO THE CONTRARY, SEVEN (7) PERCENT OF THE MONIES COLLECTED BETWEEN JANUARY 1, 1997 AND DECEMBER 31, 1999, PURSUANT TO §42-1204 SUBSECTION A, PARAGRAPH 1, AND EIGHTEEN (18) PERCENT OF MONIES COLLECTED BETWEEN JANUARY 1, 1997 AND DECEMBER 31, 1999, PURSUANT TO SUBSECTION A, PARAGRAPHS 2, 3, AND 4, SHALL BE DEPOSITED IN THE DRUG TREATMENT AND EDUCATION FUND ESTABLISHED PURSUANT TO §13-902.02.
- NOTWITHSTANDING ANY LAW TO THE CONTRARY, THREE (3) PERCENT OF THE MONIES COLLECTED BETWEEN JANUARY 1, 1997 AND DECEMBER 31, 1999, PURSUANT TO SECTION §42-1204 SUBSECTION A, PARAGRAPH 1, AND SEVEN (7) PERCENT OF MONIES COLLECTED BETWEEN JANUARY 1, 1997 AND DECEMBER 31, 1999, PURSUANT TO SUBSECTION A, PARAGRAPHS 2, 3. AND 4, SHALL BE DEPOSITED IN A SEPARATE REVOLVING FUND OF THE DEPARTMENT OF CORRECTIONS FOR PAYMENT OF THE EXPENSES OF IMPLEMENTING THE PROVISIONS OF §31-411.01, AND SHALL NOT REVERT TO THE STATE GENERAL FUND IF UNEXPENDED AT THE CLOSE OF THE FISCAL YEAR.
- NOTWITHSTANDING ANY LAW TO THE CONTRARY, TEN (10) PERCENT OF THE MONIES COLLECTED AFTER DECEMBER 31, 1999 PURSUANT TO §42-1204 SUBSECTION A, PARAGRAPH 1, AND TWENTY FIVE (25) PERCENT OF THE MONIES COLLECTED AFTER DECEMBER 31, 1999 PURSUANT TO SUBSECTION A, PARAGRAPHS 2, 3, AND 4, SHALL BE DEPOSITED IN THE DRUG TREATMENT AND EDUCATION FUND ESTABLISHED PURSUANT TO §13-902.02.
Section 13. Severability
If any provision
of this Act, or part thereof, is for any reason held to be invalid or
unconstitutional, the remaining sections shall not be affected but shall
remain in full force and effect, and to this end the provisions of the
Act are severable.
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.
During my service in the Reagan Administration, I was able to participate directly in their efforts to reduce the size of government. This philosophy has broad appeal today and politicians of both parties are searching for ways to make government more efficient.
However, one area that politicians seem reluctant to examine is that of our failed drug policies. We are spending billions for prisons to incarcerate low level drug users. In the federal prison system, 61 percent of the inmates are in for drug offenses. Of the drug offenders serving in state prisons, 38 percent of them are in for simple drug possession. Nationally, the cost to build a new prison bed averages $40,000 and the cost to maintain it averages $30,000 per year.
The results would be different if prison was a disincentive to using drugs. But most wardens say that it is impossible to eradicate drugs from the prison system. A friend of mine in law enforcement once told me that the prisoners would take the "do drugs, do time" bumper stickers and slice them in half to more accurately read "do time, do drugs." HBO recently issued a documentary which featured veteran prisoners in the prison teaching younger prisoners how to manufacture methamphetamine.
I am supporting
the Drug Medicalization, Prevention, and Control Act because I believe
we must reform our drug policy. The Act mandates that first and second
time offenders convicted of simple possession or use will receive treatment
and probation as an alternative to incarceration. Treatments costs 1/8
of the cost of prison time and is certain to have a better result than
incarceration during which many addicts continue to use drugs at public
expense. Most importantly, the money saved on the prison spending can
be invested in drug prevention for our youth.
John Norton
Former U. S. Deputy Secretary of Agriculture
Chairman, Arizonans for Drug Reform
Paradise Valley
When John Kennedy was elected President, he asked Stewart Udall, Congressman from Tucson, to be his Secretary of the Interior. Stewart brought a small cadre of Arizonans to work for him in Washington. I was lucky enough to be in the group--as Special Assistant to the Solicitor.
Young people serving in the Kennedy Administration met twice a month in an informal group called the New Frontier Club. I remember at one meeting having an extensive discussion about our drug laws. There was general consensus that the criminalization of narcotic drug use was not working -- just as prohibition didn't work. We were concerned that the Government was spending a lot of money and the situation was only getting worse. I thought that the laws would be reformed soon since their failure was so obvious. That was 34 years ago!
Today, the failed drug war continues. At the state level drug control spending is over $16 billion with 80% going to the criminal justice system, and 20% to education and treatment. We need to reverse these priorities so that we spend at least the same amount on treatment and education to what we spend on enforcement and prisons.
The Drug Medicalization, Prevention, and Control Act seeks to equalize the spending on treatment and education. Rather than wasting money on prison for minor drug users, the Act invests in treatment for users and prevention for our youth.
There is strong
evidence that this approach will be more effective. A Rand Corporation
study in 1994 found that treatment is much more effective than enforcement
and prisons in reducing cocaine use. It is time to adopt rational, cost-effective
measures that deal with drugs in ways that benefit rather than harm
society.
Marvin S. Cohen
Former Chairman, Civil Aeronautics Board
Treasurer, Arizonans for Drug Policy Reform\
Phoenix
Marijuana has been known for decades to help in treating the terminally and seriously ill patient. Because of the value of marijuana as a drug, the American Medical Association vigorously opposed the Marijuana Tax Act of 1937 which made it impossible for doctors to prescribe this drug for their patients. Modern research shows marijuana helps cancer patients undergoing chemotherapy; treats glaucoma; prevents convulsions; arrests severe muscle spasms in patients with neuromuscular disorders; stimulates appetite in AIDS patients. Last year the American Public Health Association urged the "Administration and Congress to move expeditiously to make cannabis available as a legal medicine where shown to be safe and effective." In 1988, the Drug Enforcement Agency's own administrative law judge, Francis L. Young, declared marijuana fulfilled the legal requirement of currently accepted medical use in treatment, adding it was "one of the safest therapeutically active substances known to man."
Yet today, doctors still cannot help patients for whom all other medicines have failed and marijuana may have scientifically-proven benefit. The edicts that tie their hands are not passed down by physicians or research scientists, but by government bureaucrats and political appointees.
The Drug Medicalization, Prevention and Control Act of 1996 lets doctors help their seriously and terminally ill patients for whom all other options have failed, by prescribing marijuana as a medical therapy in those situations. It does this judiciously and responsibly. The prescribing doctor must obtain a second physician's opinion. Prescription and drug use must follow accepted medical standards under the purview of the Arizona Board of Medical Examiners. There must be documented scientific evidence of potential benefit.
The Drug Medicalization,
Prevention and Control Act of 1996 is a moderate, well-reasoned proposal
that enhances the physician's ability to help suffering patients. It
deserves our strong support.
| Jeffrey
A. Singer, MD, FACS
Phoenix |
William
J. Rice, MD
Phoenix |
Mark
R. Mathews, MD
Scottsdale |
| Ross
Levatter, MD
Phoenix |
Walter
Koppenbrink, MD
Paradise Valley |
Charles
Goldstein, MD, DIP.ABEM
Paradise Valley |
| Jeffrey
D. Steier, MD
Paradise Valley |
Linda
B. Benaderet, DO, FACOI
Phoenix |
Thomas J. McNaughton, MD Phoenix |
| Tali
Arik, MD, FACC, FACP
Scottsdale |
Guy
M. Kezirian, MD, FACS
Scottsdale |
Michael
Lubin, MD
Phoenix |
| Barbara
J. Merz, MD
Phoenix |
Lawrence
Liebmann, MD
Phoenix |
James
T. Carver, PhD
Phoenix |
| Raymond
C. Malone, MD
Green Valley |
Joel
E. Colley, MD
Scottsdale |
David
L. Elliott, MD
Phoenix |
| Mark
L. Williams, MD
Scottsdale |
Charles
T. Williams, MD
Phoenix |
As a former prosecutor and U.S. Senator, I have spent my life fighting against drugs. I am supporting the Drug Medicalization, Prevention, and Control Act because it will help strengthen Arizona's drug control.
By placing small, personal drug users into treatment and probation, the Act will clear up prison space for violent criminals and drug dealers. The Act also creates a Parents Commission on Drug Education and Prevention. This Commission will seek more drug education for parents and greater parental involvement in drug prevention.
The Act requires
violent drug offenders to serve 100 percent of their sentence and has
a three-strikes-and-you're-out clause. I urge you to vote Yes on the
Drug Medicalization Prevention, and Control Act. It's a better way.
Dennis DeConcini
United States Senator (Ret.)
Bethesda,
Maryland
As a former cop, I have seen the failure of our drug policies on the street.
As a former U.S. Attorney, I have seen the failure of our drug policies in the courts.
And as a parent, I am afraid that if we don't do something different, my children might be the next victims.
That's why I am backing the Drug Medicalization, Prevention, and Control Act which is a new and effective way of controlling drugs. The Act adopts a get tough, get smart approach.
The Act gets tough on dangerous, violent drug offenders. It requires them to serve 100% of their sentence. In addition, judges may be more likely to sentence these offenders to longer sentences because the people have identified them as a menace.
That Act will also have an impact on other violent and dangerous offenders. Arizona suffers from an immense prison crisis. This overcrowding has had a chilling effect on sentencing. The Act will free up needed prison space for violent offenders and drug dealers.
The Act gets smart by investing money in prevention programs, not wasting it on prison for minor drug users. It creates the Arizona Parents Commission on Drug Education and Prevention. The Commission will fund programs for parent drug education and develop drug prevention programs which will increase parental involvement. After all, if we parents don't get involved, we're never going to reduce drug abuse among our children.
So I urge
you to vote yes on the Drug Medicalization, Prevention, and Control
Act, it's a new and better way of dealing with our drug problem.
Steve Mitchell
Former Asst. U.S. Attorney and Law Enforcement Officer
Phoenix
The "Drug Medicalization, Prevention and Control Act" deserves support. Drug abuse is a public health issue. We need to medicalize our drug policy and put more emphasis on drug prevention and treatment. The current approach to drug policy is not working. The most recent government numbers show that marijuana use among our youth (12-17) increased by several hundred percent over the last couple of years. We need to invest more money on drug treatment and prevention for our youth and spend less money on prisons for simple, nonviolent drug users. This Act will free up more prison space for drug dealers and violent offenders.
This initiative also has medical benefits. Medicalization means that we treat drug abuse as a public health issue. Drug abuse is a disease; throwing heavy prison sentences at users does not solve their problem. This Act calls for mandatory, court-supervised treatment and probation as an alternative for non-violent drug users. It provides expanded drug prevention programs. It will also allow doctors to prescribe controlled drugs such as marijuana for seriously and terminally ill patients.
This reform is not decriminalization. This Act only applies to people who are convicted of personal possession or use of a controlled substance. Dealers would continue to be rigorously prosecuted and incarcerated, and persons who commit violent crimes while on drugs would receive tougher penalties, up to 100% of their sentence. Drug users would still receive criminal penalties, probation, and mandatory court-supervised treatment.
This Act only applies to non-violent drug offenders. Offenders with a violent criminal history would be ineligible.
This initiative
will save money and, more importantly, help break the cycle of "do
drugs - do time - do drugs" by a more crime-effective approach
to drug users. As a judge, I feel it deserves support.
Rudolph J. Gerber, Judge
Court of Appeals
Phoenix
Drug abuse is not just a criminal justice problem, it is first a public health problem. Addiction to controlled substances is a disease. If our drug policy was really a "War" as some claim, we would demand a new strategy or court-martial the general. Polling shows that over 90% of Arizonans believe we are losing the War on Drugs. Perhaps this is why our new Drug Czar, General McCaffrey, has said, "war" is the wrong metaphor and that the drug problem is a "cancer."
Sending minor drug users to prison draws resources from society and does nothing for the addict. There are drugs in the prison system. Often, prisoners simply continue their addiction in prison and are released back into society.
Minor drug users are the fastest growing group in Arizona prison, out pacing even violent offenders and drug dealers. Between 1994 and 1996, the number of mere users in Arizona prisons increased by 658. The cost of each new prison bed in Arizona is $35,000 and it costs $18,000 to maintain it. So the net cost of these new addicts to the state over the last two years is $46.7 million, not to mention the cost to maintain the 1300 existing beds taken up by drug users.
I urge your
support for the Drug Medicalization, Prevention, and Control Act of
1996. The Act offers first and second time offenders who are convicted
of personal possession or use of a controlled substance drug treatment
and probation. This treatment costs one-eighth that of prisons. Most
importantly, drug users who can work while under treatment remain taxpayers
and are not severed from their families who can offer vital support
in recovery. The Act will also invest resources in drug prevention for
youth which emphasizes parental involvement.
Dr. John Sperling
President, Apollo Group Inc.
Phoenix
This proposition sounds deceptively appealing, but it gives less freedom with the one hand than it takes away with the other.
Proposition 200 contains some libertarian-sounding provisions that would restore a measure of freedom that has been denied by current drug laws -- such as allowing the medical use of controlled substances to alleviate pain and suffering, and treatment instead of incarceration for non-violent drug users. Cost reductions in our prisons sound good, too.
But, on balance, this proposition is anti-freedom -- and certainly anti-responsibility.
Proposition 200 creates another tax-hungry government entity (a Parents Commission) and creates compulsory business for the lucrative (and highly ineffectual) "drug abuse treatment" industry. Convicted drug users must undergo treatment as a requirement of Proposition 200 (whether they need it or not). If they can't pay for their own treatment, we, the taxpayers, pick up the tab.
It's high time government stopped treating responsible adults as children.
If you care about the suffering of patients who are denied the medical benefits of controlled drugs…
If you care about the lives wasted in prison for the mere possession of recreational substances...
If you want real, meaningful drug reform...
... then stop prosecuting people for using drugs. Control the sale of drugs just as we now control the sale of alcohol and tobacco.
Suddenly there will be room in our jails for truly violent offenders.
Suddenly there will be far fewer violent crimes, when drugs are no longer worth fighting over, stealing for, or pushing on our children.
Vote "NO"
on 200.
| Kent
B. Van Cleave
Libertarian Candidate for State Representative District 25 Phoenix |
Scott
Grainger
Libertarian Candidate for State Representative District 21 Mesa |
Robert
Anderson
Libertarian Candidate for U.S. Congress District 6 Phoenix |
| John
Williams
Libertarian Candidate for State Senate District 25 Phoenix |
Rickie
Duncan
Libertarian Candidate for State Senate District 20 Phoenix |
Ted
Louis Glenn
Libertarian Candidate for Pima County Supervisor District 4 Tucson |
| Ernest
Hancock
Libertarian Candidate for State Representative District 18 Phoenix |
John
Wilde
Libertarian Candidate for State Representative District 20 Phoenix |
Maricopa
County
Libertarian Party Steering Committee Mesa |
| Donna
Hancock
Libertarian Candidate for State Senate District 18 Phoenix |
BALLOT
FORMAT
PROPOSED BY INITIATIVE PETITION
OFFICIAL TITLE
AMENDING TITLE 13, TITLE 41, AND TITLE 42,OF THE ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 11, BY ADDING §41-1604.16; RELATING TO ESTABLISHMENT OF THE ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION; AMENDING TITLE 41, CHAPTER 11, BY ADDING §41-1604.14; RELATING TO PERSONS NOT ELIGIBLE FOR PAROLE; AMENDING TITLE 13, CHAPTER 13, BY AMENDING §13-3412 AND ADDING §13-3412.01; RELATING TO PERMISSIBLE USE OF CONTROLLED SUBSTANCES BY SERIOUSLY ILL OR TERMINALLY ILL PATIENTS; AMENDING TITLE 41, CHAPTER 11, BY ADDING §41-1604.15 AND AMENDING TITLE 31, CHAPTER 3, BY ADDING §31-411.01; RELATING TO PAROLE FOR PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF CONTROLLED SUBSTANCES; AMENDING TITLE 13, CHAPTER 9, BY ADDING §13-901.01; RELATING TO PROBATION FOR PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF CONTROLLED SUBSTANCES AND BY ADDING §13-901.02; RELATING TO THE ESTABLISHMENT OF THE DRUG TREATMENT AND EDUCATION FUND; AND AMENDING TITLE 42, CHAPTER 12, BY ADDING §42-1204.01; RELATING TO LUXURY PRIVILEGE TAXES; AND PROVIDING FOR SEVERABILITY.
DESCRIPTIVE TITLE
REQUIRING PERSONS ON DRUGS COMMITTING VIOLENT CRIMES TO SERVE ENTIRE SENTENCE; PROVIDING PAROLE/PROBATION AND TREATMENT AS ALTERNATIVE TO INCARCERATION FOR PERSONS CONVICTED ONLY OF PERSONAL POSSESSION OF CONTROLLED SUBSTANCE ON FIRST TWO OFFENSES; ALLOWING DOCTORS TO PRESCRIBE OTHERWISE ILLEGAL SUBSTANCES FOR CERTAIN PATIENTS; CREATING DRUG-RELATED FUND AND COMMISSION.
| A "yes" vote shall have the effect of requiring entire sentence to be served by persons who commit violent crimes while on drugs, changing sentences for persons convicted of possession or use of controlled substances, and allowing doctors to prescribe otherwise illegal substances for certain patients. | YES |
| A "no" vote shall have the effect of retaining the current laws on controlled substances. | NO |
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