Arizona
Proposition 201
PROPOSING
AMENDMENTS TO THE ARIZONA REVISED STATUTES: AMENDING TITLE 13, CHAPTER
13, RELATING TO PRESCRIBING CONTROLLED SUBSTANCES INCLUDED IN SCHEDULE
1 FOR SERIOUSLY ILL AND TERMINALLY ILL PATIENTS; AMENDING TITLE 13,
CHAPTER 9 RELATING TO TRANSFER OF FORFEITURE MONIES AND ASSETS TO DRUG
TREATMENT AND EDUCATION FUND, PENALTIES FOR PERSONS CONVICTED OF PERSONAL
POSSESSION OR USE OF CONTROLLED SUBSTANCES, AND PENALTIES FOR PERSONS
WHO POSSESS MARIJUANA HAVING A WEIGHT OF LESS THAN 2 OUNCES; AMENDING
TITLE 13, CHAPTER 6 RELATING TO MAXIMUM AND MINIMUM MANDATORY DRUG SENTENCING
LAWS; AMENDING TITLE 31, CHAPTER 3 AND TITLE 41, CHAPTER 11, RELATING
TO PAROLE FOR PERSONS PREVIOUSLY CONVICTED OF PERSONAL POSSESSION OR
USE OF A CONTROLLED SUBSTANCE.
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 on proclamation of the
Governor.
Section
1. Title
Section 2. Findings and Declarations
Section 3. Purpose and Intent
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11. Severability
Section 1. Title
This Act shall be known and may be cited as the "Drug Medicalization,
Prevention, and Control Act of 2000."
Section 2. Findings and Declarations
The people of the State of Arizona find and declare the following:
- The Drug
Medicalization, Prevention, and Control Act approved by 65.4% of the
voters in 1996 is saving the state money and making our neighborhoods
safer by diverting non-violent drug users into treatment rather than
incarcerating them.
- According
to a Report Card prepared by the Arizona Supreme Court, the Drug Medicalization,
Prevention, and Control Act is "resulting in safer communities and
more substance abusing probationers in recovery." The Report Card
showed the following:
- 2622
non-violent offenders participated in the program;
- 77.5%
of those who completed the program remained drug free; and
- Arizona
cost-savings as a result of the program is at least $2,563,062.
- The Drug
Medicalization, Prevention, and Control Act of 2000 will expand on
the 1996 Act by substantially increasing the funding for drug treatment
and expanding sentencing reforms for non-violent drug users. This
will result in greater cost-savings to the state, safer communities,
and more prison space for violent offenders.
- The Drug
Medicalization, Prevention, and Control Act of 2000 will also correct
any further circumvention or misunderstanding of the 1996 Act by the
courts, county attorneys, and federal government by clarifying the
medical marijuana and sentencing reform provisions of the original
1996 Act.
Return to the top
Section 3. Purpose and Intent
The people
of the State of Arizona declare their purposes to be as follows:
- Drug treatment
and prevention will be paid for by the criminals themselves. Confiscated
assets which have been forfeited will be placed in the Drug Treatment
and Education Fund, with 75% of the funding designated for drug treatment
and 25% of the funding earmarked for drug and gang prevention.
- Tougher
punishments will be ensured for serious drug felons, but the mandatory
minimum sentences will be removed for non-violent drug users. The
mandatory minimum drug sentences will be repealed and the maximum
penalty for drug crimes – both fines and sentences – will be increased
by 20%.
- Arizona
marijuana laws, which currently provide that someone caught with a
joint could be charged with a felony and possible jail time, will
be changed. Possession for small amounts of marijuana will be changed
to a violation with a fine.
- Medical
marijuana provisions of the Drug Medicalization, Prevention, and Control
Act of 1996 will be updated to ensure that doctors could not be sanctioned
by the federal government and that qualified patients will have access
to medical marijuana through a program which will be supervised by
the Arizona Attorney General.
- Sentencing
provisions of the Drug Medicalization, Prevention, and Control Act
of 1996 requiring mandatory treatment and probation/parole for those
convicted of drug possession will be clarified. Currently, the courts
have not understood that the original Act clearly stated that first-
and second-time offenders should not be incarcerated in jail or prison.
In addition, some prosecutors have been trying to circumvent the mandatory
treatment provisions of the original Act by invoking paraphernalia
laws. The new Act remedies both these situations and will restore
the parole provisions repealed by the 1997 Legislature.
Return
to the top
Section 4.
Title 13, Chapter
13. Arizona Revised Statutes, is amended as follows:
§13-3412.01.
Prescribing controlled substances included in schedule I for seriously
ill and terminally ill patients
- Notwithstanding
any law to the contrary, any medical doctor licensed to practice in
this state may prescribe a controlled substance included in schedule
I as prescribed by section 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 this section. In prescribing
such a controlled substance, the medical doctor shall comply with
professional medical standards.
- Notwithstanding
any law to the contrary, a medical doctor shall document that scientific
research exists which supports the use of a controlled substance listed
in schedule I as prescribed by section 36-2512 to treat a disease,
or to relieve the pain and suffering of a seriously ill patient or
a terminally ill patient before prescribing the controlled substance.
A medical doctor prescribing a controlled substance included in schedule
I as prescribed by section 36-2512 to treat a disease, or to relieve
the pain and suffering of a seriously ill patient or terminally ill
patient, shall obtain the written opinion of a second medical doctor
that prescribing 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
as prescribed by section 36-2512 the medical doctor shall receive
in writing the consent of the patient.
-
C. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PHYSICIAN WHO
RECOMMENDS MEDICAL MARIJUANA SHALL:
- DISCUSS
WITH THE PATIENT THE POSSIBLE HEALTH RISKS AND THERAPEUTIC OR
PALLIATIVE BENEFITS OF THE MEDICAL USE OF MARIJUANA TO RELIEVE
PAIN OR ALLEVIATE SYMPTOMS OF THE PATIENT’S CONDITION, BASED ON
INFORMATION KNOWN TO THE PHYSICIAN, INCLUDING, BUT NOT LIMITED
TO, CLINICAL STUDIES OR ANECDOTAL EVIDENCE REPORTED IN MEDICAL
LITERATURE, OR OBSERVATIONS OR INFORMATION CONCERNING THE USE
OF MARIJUANA BY OTHER PATIENTS WITH THE SAME OR SIMILAR CONDITIONS;
AND
- PROVIDE
THE PATIENT WITH THE PHYSICIAN’S PROFESSIONAL OPINION CONCERNING
THE POSSIBLE BALANCE OF RISKS AND BENEFITS OF THE MEDICAL USE
OF MARIJUANA TO RELIEVE PAIN OR ALLEVIATE SYMPTOMS IN THE PATIENT’S
PARTICULAR CASE; AND
- ADVISE
THE PATIENT IN WRITING, ON THE BASIS OF THE PHYSICIAN’S KNOWLEDGE
OF THE PATIENT’S MEDICAL HISTORY AND CONDITION, THAT THE PATIENT
MIGHT BENEFIT FROM THE MEDICAL USE OF MARIJUANA TO RELIEVE PAIN
OR ALLEVIATE SYMPTOMS OF THE PATIENT’S CONDITION. THE WRITTEN
ADVICE SHALL BE KEPT IN THE PATIENT’S OFFICIAL MEDICAL FILE.
- Any failure
to comply with the provisions of this section may be the subject of
investigation and appropriate
disciplining DISCIPLINARY
action by the allopathic board of medical examiners.
- NOTWITHSTANDING
ANY LAW TO THE CONTRARY, THE ATTORNEY GENERAL SHALL ESTABLISH A PATIENT
REGISTRY FOR PATIENTS WHO QUALIFY PURSUANT TO § 13-3412.01C AND SHALL
IMPLEMENT A SYSTEM FOR LEGAL DISTRIBUTION OF MEDICAL MARIJUANA TO
QUALIFIED PATIENTS. THE PROVISIONS OF §§ 13-3402, 13-3403, 13-3404,
13-3404.01 AND 13-3405 THROUGH 13-3409 SHALL NOT APPLY TO ANY QUALIFIED
PATIENT WHO RECEIVES, POSSESSES OR USES MARIJUANA IN COMPLIANCE WITH
THE PROVISIONS OF § 13-3412.01C. THE SYSTEM SHALL UTILIZE MEDICAL
MARIJUANA FROM THE FEDERAL COMPASSIONATE USE PROGRAM OR FROM TESTED
CONFISCATED MARIJUANA. ANY PATIENT WHO QUALIFIES PURSUANT TO THIS
SECTION SHALL PAY FOR THE COST OF RECEIVING SERVICES FROM THE SYSTEM
TO THE EXTENT HE OR SHE IS ABLE TO. THE ATTORNEY GENERAL SHALL ADOPT
ADMINISTRATIVE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF
THIS SUBSECTION. THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE WHATEVER
ASSISTANCE IS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBSECTION.
Return to the top
Section 5.
Title 13, Chapter
9. Arizona Revised Statutes, is amended 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,
OR WHO IS CONVICTED OF THE PERSONAL POSSESSION OR USE OF PARAPHERNALIA
ASSOCIATED WITH POSSESSION OR USE OF A CONTROLLED SUBSTANCE, is eligible
for probation. THE COURT SHALL NOT IMPOSE ANY SANCTION WHICH INCLUDES
INCARCERATION IN PRISON OR JAIL AS A CONDITION OF 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
in §
41-1604.15, subsection B 13-604.04 is not eligible
for probation as provided for in this section but instead shall be
sentenced pursuant to the other provisions of chapter 34 of this title.
- Personal
possession or use of a controlled substance, OR PERSONAL POSSESSION
OR USE OF PARAPHERNALIA ASSOCIATED WITH POSSESSION OR USE OF A CONTROLLED
SUBSTANCE, pursuant to this section 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 OR PERSONAL POSSESSION OR USE OF PARAPHERNALIA
ASSOCIATED WITH POSSESSION OR USE OF A CONTROLLED SUBSTANCE, 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. THE COURT SHALL NOT IMPOSE ANY SANCTION
WHICH INCLUDES INCARCERATION IN PRISON OR JAIL AS A CONDITION OF PROBATION.
Each person enrolled in a drug treatment or education program shall
be required to pay for participation in the program to the extent
of the person’s financial ability.
- A person
who has been placed on probation under the provisions of this section
and who is determined by the court to be in violation of probation
shall have new conditions of probation established by the court. The
court shall select the additional conditions it deems necessary, including
intensified drug treatment, community service, intensive probation,
home arrest, or any other sanctions short of incarceration IN PRISON
OR JAIL.
- If a person
is convicted a second time of personal possession or use of a controlled
substance as defined in § 36-2501 OR PERSONAL POSSESSION OR USE OF
PARAPHERNALIA ASSOCIATED WITH POSSESSION OR USE OF A CONTROLLED SUBSTANCE,
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. THE COURT SHALL NOT IMPOSE ANY SANCTION WHICH INCLUDES
INCARCERATION IN PRISON OR JAIL AS A CONDITION OF PROBATION.
- A person
who has been convicted three times of personal possession or use of
a controlled substance as defined in § 36-2501 OR OF PERSONAL POSSESSION
OR USE OF PARAPHERNALIA ASSOCIATED WITH POSSESSION OR USE OF A CONTROLLED
SUBSTANCE is not eligible for probation under the provisions of this
section but instead shall be sentenced pursuant to the other provisions
of chapter 34 of this title.
- FOR THE
PURPOSES OF DETERMINING WHETHER A PERSON IS SUBJECT TO THE PROVISIONS
OF SUBSECTION G, ONLY CONVICTIONS FOR PERSONAL POSSESSION OR USE OF
A CONTROLLED SUBSTANCE OR PERSONAL POSSESSION OR USE OF PARAPHERNALIA
ASSOCIATED WITH POSSESSION OR USE OF A CONTROLLED SUBSTANCE THAT OCCUR
AFTER DECEMBER 1, 1996 SHALL APPLY.
Return
to the top
Section 6.
Title 13, Chapter
9. Arizona Revised Statutes, is amended by adding § 13-2314.05 to read
as follows:
§ 13-2314.05
Asset forfeiture
- Notwithstanding
any law to the contrary, any monies or assets obtained after the effective
date of this act as a result of a forfeiture pursuant to § 13-2314.01
et seq. by any department or agency of this state or any political
sub-division of this state from any department or agency of the United
States or another state as a result of participation in any investigation
or prosecution, whether by final judgment, settlement or otherwise,
shall be transferred from the fund established pursuant to § 13-2314.01
to the drug treatment and education fund established pursuant to §
13-901.02 within 30 days of the deposit of the funds in the anti-racketeering
revolving fund.
- Any department
or agency of this state or any political sub-division of this state
shall be reimbursed for all expenditures made or incurred by it in
connection with the sale of forfeited property or assets, including
any necessary repairs, storage, or transportation of any property
or assets seized. The remaining funds shall be transferred to the
drug treatment and education fund pursuant to the provisions of subsection
A.
- Monies
deposited in the drug treatment and education fund pursuant to subsection
A shall be utilized as follows:
- Seventy-five
percent of the funds for drug treatment
- Twenty-five
percent of the funds for drug prevention and gang prevention.
- Notwithstanding
any other provision of law, whoever, acting under color of official
title or position, takes any action to conceal, withhold, retain,
divert or otherwise prevent any monies, conveyances, real property,
or any things of value forfeited under this section or forfeited and
transferred to a state or local agency under the laws of the United
States, from being disposed of in accordance with the provisions of
this section shall be subject to a civil penalty in an amount that
is treble the value of the forfeiture.
- Actions
to enforce the provisions of this section may be brought by any person
in the public interest if (1) the action is commenced more than sixty
days after the person has given notice of the violation which is the
subject of the action to the Attorney General and the district attorney
and any city attorney in whose jurisdiction the violation is alleged
to occur and to the alleged violator, and (2) neither the Attorney
General nor any district attorney nor any city attorney or prosecutor
has commenced and is diligently prosecuting an action against such
violation.
- Any monies
which are in the fund established pursuant to § 13-2314.01 as of the
effective date of this Act shall be transferred within 15 days to
the drug treatment and education fund.
Return
to the top
Section 7.
Title 13, Chapter
9. Arizona Revised Statutes, is amended by adding § 13-3405.1 to read
as follows:
§ 13-3405.1
POSSESSION OR USE OF MARIJUANA HAVING A WEIGHT OF LESS THAN 2 OUNCES.
- NOTWITHSTANDING
ANY LAW TO THE CONTRARY, ANY PERSON WHO POSSESSES NOT MORE THAN 2
OUNCES OF MARIJUANA OR WHO POSSESSES PARAPHERNALIA ASSOCIATED WITH
THE POSSESSION OF MARIJUANA, IS GUILTY OF A VIOLATION AND SHALL BE
PUNISHED BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500). IN
ANY CASE IN WHICH A PERSON IS ARRESTED FOR A VIOLATION OF THIS SECTION,
SUCH PERSON SHALL BE RELEASED BY THE ARRESTING OFFICER UPON PRESENTATION
OF SATISFACTORY EVIDENCE OF IDENTITY AND GIVING HIS WRITTEN PROMISE
TO APPEAR IN COURT, AND SHALL NOT BE SUBJECTED TO BOOKING.
- THE COURT
MAY REQUIRE SUCH PERSONS TO ATTEND A DRUG EDUCATION PROGRAM IN ADDITION
TO IMPOSITION OF A FINE.
- THE PROVISION
OF § 13-901.01 SHALL NOT APPLY TO ANY PERSON WHO VIOLATES THIS SECTION
AND SUCH PERSON SHALL BE SUBJECT ONLY TO THE PENALTIES IMPOSED BY
THIS SECTION.
- Personal
possession of not more than 2 ounces of marijuana, or personal possession
or use of paraphernalia associated with personal possession of marijuana,
shall not include possession for sale, production, manufacturing,
or transportation for sale of marijuana.
Return
to the top
Section 8.
Title 13, Chapter
6. Arizona Revised Statutes, is amended by adding § 13-610 to read as
follows:
§ 13-610
MAXIMUM AND MINIMUM MANDATORY DRUG SENTENCING LAWS
- NOTWITHSTANDING
ANY LAW ANY TO THE CONTRARY, THE MAXIMUM PENALTY AND FINE FOR ANY
CONVICTION OF A DRUG OFFENSE INCLUDED IN TITLE 13 IS INCREASED BY
TWENTY PERCENT.
- NOTWITHSTANDING
ANY LAW TO THE CONTRARY, THERE SHALL BE NO MINIMUM MANDATORY PENALTY
AND FINE FOR ANY CONVICTION OF A DRUG OFFENSE WHOSE MAXIMUM PENALTY
IS INCREASED PURSUANT TO SUBSECTION A.
- THE PROVISIONS
OF THIS SECTION SHALL NOT APPLY TO ANY PERSON CONVICTED PURSUANT TO
THE PROVISIONS OF § 13-901.01, § 13-3405.1, § 13-3411, OR § 41-1604.15.
Return
to the top
Section 9.
Title 41, Chapter
11. Arizona Revised Statutes, is amended by adding § 41-1604.18 to read
as follows:
§ 41-1604.18
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 currently serving another sentence, the prisoner shall
be eligible for parole.
- Any person
who has previously been convicted of a violent crime as defined in
§ 13-604.04 shall not be eligible for parole pursuant to the provisions
of this section.
- Personal
possession or use of a controlled substance, as defined in § 36-2501,
shall not include possession for sale, production, manufacture, or
transportation for sale of any controlled substance.
- Within
thirty (30) 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.
Return
to the top
Section 10.
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
- NOTWITHSTANDING
ANY LAW TO THE CONTRARY, EVERY PRISONER WHO IS ELIGIBLE FOR PAROLE
PURSUANT TO THE PROVISIONS OF § 41-1604.18 SHALL BE RELEASED UPON
PAROLE WITHIN NINETY (90) DAYS OF THE ISSUANCE OF THE LIST REQUIRED
PURSUANT TO § 41-1604.18D PROVIDED, HOWEVER, THAT IF THE BOARD OF
EXECUTIVE CLEMENCY DETERMINES BEYOND A REASONABLE DOUBT 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 SECTION 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 11. 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.
Return
to the top
