Arizona: The Drug Medicalization, Prevention, and Control Act of 2002

Proposition 203, the Drug Medicalization, Prevention, and Control Act of 2002, is another in a series of drug propositions put before Arizona voters in recent years. The first initiative, Proposition 200, the Drug Medicalization, Prevention, and Control Act of 1996, passed in 1996 and was followed up with Proposition 300 and The Voter Protection Act in 1998, which were also passed. In 2000, Proposition 201 was pulled before being put on the ballot.

Proposition 203 was designed to re-enforce the previous initiatives, as well as, over-rule changes to the previous propositions by the legislature. The new proposition would remove criminal penalties for possession of up to 2 ounces of marijuana and would also remove criminal penalties for growing or possessing up to 2 marijuana plants, and possessing drug paraphernalia. These acts will be subject to civil penalties and a fine, however; the court may waive the fine if the offender completes a drug education program.

The Drug Medicalization, Prevention, and Control Act of 2002 removes mandatory minimum sentences and fines and requires probation, without a condition of jail or prison, for first or second offenses personal possession offenses. Additionally, the Proposition would require parole for current prisoners who have been convicted of possession or use of a controlled substance and who are not currently serving another sentence. It would also change the definition of prior conviction for drug possession to exclude convictions where the offender has successfully completed a drug treatment or education program.

Proposition 203, expanding on the previous propositions, legalizes marijuana for medical purposes. Under this proposition, the Arizona Department of Public Safety would be required to establish a system to maintain and distribute marijuana and the Department of Health Services would be required to establish a patient registry for patients eligible to receive marijuana for medical purposes. The proposition also allows citizens to petition the Department of Health to add to the list of "debilitating" diseases for which marijuana use would be permitted.

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