What Is Proposition 200 in Arizona?
Proposition 200, also known as the Drug Medicalization, Prevention and Control Act of 1996, was passed by Arizona voters to reform how the state handles certain non-violent drug offenses. At its core, Prop 200 is designed to divert first-time, non-violent drug offenders away from jail and into treatment or probation programs instead.
For Arizona residents facing drug possession charges—especially those involving personal use—Prop 200 could be a critical legal shield. However, eligibility and interpretation are complex, making skilled legal representation essential.
Who Qualifies Under Prop 200?
To qualify under Prop 200 protections, a defendant must meet certain criteria:
- First or second conviction for personal possession or use of a controlled substance
- Non-violent offender
- No involvement in drug sales, manufacturing, or trafficking
- No concurrent felony offenses such as weapons charges
If these conditions are met, the court must sentence the individual to probation and cannot impose jail time for a first offense. For a second offense, treatment and probation are still mandated, but additional consequences may apply for violations.
What Charges Are Covered?
Prop 200 mainly applies to charges like:
- Possession of marijuana
- Possession of narcotics or dangerous drugs
- Drug paraphernalia possession
It does not protect against:
- Drug sales or trafficking
- Methamphetamine possession (added as an exception by later legislation)
- Repeat offenses beyond the second
- Crimes involving violence, weapons, or other felonies
For example, if you’re arrested for possessing a small amount of cocaine and have no prior convictions, Prop 200 can prevent incarceration. However, if you’re also charged with intent to sell or were carrying a weapon, the protections no longer apply.
Legal Challenges and Changes to Prop 200
Although Prop 200 was passed with overwhelming public support, Arizona lawmakers have amended the law over the years to limit its reach—especially regarding methamphetamine and second-time offenders.
One significant change was the exclusion of meth offenses in 2006, a move heavily contested by criminal justice advocates. Additionally, courts have interpreted “non-violent” strictly, meaning any aggravating factor—like resisting arrest or being on probation—could jeopardize Prop 200 eligibility.
Why You Need a Criminal Defense Attorney
If you’ve been charged with a drug offense in Arizona, don’t assume you’ll automatically qualify under Prop 200. Prosecutors may argue you’re ineligible, or your case may involve other aggravating elements that disqualify you.
At Rideout Law Group, we’ve successfully defended clients across Scottsdale, Lake Havasu, and throughout Arizona in drug-related cases. We evaluate every angle to ensure eligible clients receive Prop 200 protections—and we fight aggressively when prosecutors overreach.
Local Advocacy with Statewide Reach
Our legal team understands the local court systems in Maricopa County, Mohave County, and beyond. Whether your case is in Scottsdale, Lake Havasu City, Phoenix, or surrounding areas, we’re equipped to protect your rights and pursue the most favorable outcome.
📍 Scottsdale Office: 11111 N Scottsdale Rd, Suite 225, Scottsdale, AZ 85254
📍 Lake Havasu Office: 2800 Sweetwater Ave, Suite A104, Lake Havasu City, AZ 86406