Abstract
Over five years ago, Arizona voters passed Proposition 200, the "Drug Medicalization, Prevention, and Control Act of 1996." In part, the Act sets forth sentencing guidelines for persons convicted of drug use and possession, specifying that first- and second-time nonviolent offenders receive probation and treatment rather than incarceration. The Act, however, does not specify whether these guidelines apply to convictions for possession of drug paraphernalia, leaving this question unanswered for Arizona prosecutors and judges. Prior to the review and decision of the Arizona Supreme Court in State v. Estrada, the two divisions of the Arizona Court of Appeals were divided as to whether Proposition 200 affected sentencing of convictions for drug paraphernalia possession. With its decision in State v. Estrada, the Arizona Supreme Court has significantly clarified the application of the statute for the Arizona state courts.
How to Cite
44 Ariz. L. Rev. 283 (2002)
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