Drug Court and Prop 200 in Arizona
Drug court and Prop 200 both center on treatment, but they work differently and can lead to very different results. Knowing which path is open to you can shape the decisions you make early in your case.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We take a meticulous approach to every step of this process, because the details matter.
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At a glance
- The law: A.R.S. § 13-3422 lets the presiding judge of each county's superior court set up a drug court program. A.R.S. § 13-901.01, known as Prop 200, requires probation for many personal possession convictions.
- How it works: In a drug court program under § 13-3422(F), the court can defer proceedings "without entering a judgment of guilt" and place you on probation with treatment.
- Possible outcome: For listed possession offenses, completing probation can lead to discharge and dismissal (§ 13-3422(H), (I)). Prop 200, by contrast, is probation after a conviction.
- Where the case is heard: Felony drug cases in Maricopa County are heard in Superior Court in the downtown Phoenix criminal court complex. Confirm the building on your current notice.
- What to do now: Ask a lawyer about eligibility early. Entry before a plea or trial requires the agreement of the court and the prosecutor (§ 13-3422(C)).
How drug court works
Arizona law defines a drug court program as one set up under § 13-3422 by the presiding judge of the superior court "in cooperation with the county attorney" for "prosecuting, adjudicating and treating drug dependent persons" (A.R.S. § 13-3401(10)). The entry criteria and guidelines are developed and agreed on by the presiding judge and the prosecutor, so the details are set locally.
- Assignment. Cases may involve defendants who are drug dependent and charged with a probation eligible offense under the drug chapter, including preparatory offenses (§ 13-3422(B)).
- Entry. You may be admitted before a guilty plea or trial "only on the agreement of the court and the prosecutor" (§ 13-3422(C)).
- Deferral. If you are later found guilty and probation is otherwise available, the court may, with your agreement and without entering a judgment of guilt, defer further proceedings and place you on probation (§ 13-3422(F)).
- Treatment and conditions. Probation terms "shall provide for the treatment of the drug dependent person." Other conditions, such as a fine, may be added if they are "not in violation of section 13-901.01" (§ 13-3422(F)).
- Completion. For the listed offenses, the court "may discharge the defendant and dismiss the proceedings" or dispose of the case as provided by law (§ 13-3422(H)).
The statute also allows other kinds of drug court programs, including ones that require participation after a judgment of guilt and sentencing (§ 13-3422(L)). Ask which kind of program is being offered, because the end result can be very different.
Who qualifies
Dismissal under § 13-3422(H) is available only for these offenses (§ 13-3422(I)):
- Possession or use of marijuana (A.R.S. § 13-3405(A)(1))
- Possession or use of a prescription-only drug
- Possession or use of a dangerous drug (A.R.S. § 13-3407(A)(1))
- Possession or use of a narcotic drug (A.R.S. § 13-3408(A)(1))
- Possession or use of drug paraphernalia (A.R.S. § 13-3415(A))
- A preparatory offense to any of these
Under § 13-3422(D), you are not eligible for the deferral and dismissal track if you have been convicted of a serious offense, a dangerous offense or an offense under chapter 14 of Title 13. You are also not eligible if you completed or were terminated from a drug court program, or a drug diversion program for a drug offense, other than a juvenile program. Under § 13-3422(E), "the age of the conviction does not matter."
How drug court compares with Prop 200 and diversion
| Path | How you enter | If you complete it |
|---|---|---|
| Drug court, deferred track (§ 13-3422(F), (H)) | Assigned by the court; entry before a plea or trial needs the court and the prosecutor to agree | The court may dismiss the proceedings for a listed offense |
| Prop 200 probation (§ 13-901.01) | Required by law after a qualifying personal possession conviction | The conviction stands, though a set-aside may be possible later |
| Prosecutor diversion | Offered by the prosecutor where a program is available | Depends on the program; see diversion programs |
The two treatment laws are linked. Drug court probation conditions may not violate § 13-901.01, so the Prop 200 limits still matter inside drug court.
If you complete the program or fall short
- Completion: After you fulfill the terms of probation for a listed offense, the court may discharge you and dismiss the proceedings (§ 13-3422(H)).
- A violation: The court "may terminate the defendant's participation in the drug court program, enter an adjudication of guilt and revoke the defendant's probation" (§ 13-3422(G)).
- Not completing probation: The court "shall enter an adjudication of guilt and sentence the defendant as provided by law" (§ 13-3422(J)).
- Choosing not to take part: If you decline, the case is prosecuted as provided by law (§ 13-3422(K)).
If you are sentenced, Prop 200 may still apply if you qualify. Without it, a class 4 felony possession conviction carries a first-offense range of 1 to 3.75 years (A.R.S. § 13-702(D)). Under Prop 200, a finding that you refused treatment or rejected probation ends eligibility (§ 13-901.01(H)), so get advice before you step away from treatment.
Consequences beyond the sentence
- Your record: A dismissal means no judgment of guilt is entered, but records of the arrest and charge may remain. A conviction can later be the subject of a set-aside, which sets aside the judgment of guilt, or record sealing. See record sealing and set-asides.
- Immigration: A conviction relating to a controlled substance can make a non-citizen deportable (8 U.S.C. § 1227(a)(2)(B)(i)). Do not assume a deferred outcome is safe for immigration purposes. If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Firearms: Serving probation for a felony conviction, or a felony conviction without restored rights, makes you a prohibited possessor (A.R.S. § 13-3101(A)(7)(b), (d)). Federal law also bars gun possession by anyone who is "an unlawful user of or addicted to any controlled substance" (18 U.S.C. § 922(g)(3)).
- Work and licenses: Some applications ask about arrests, charges or deferred cases, not only convictions. Answer them with care.
Avoiding jail is not the same as avoiding a conviction. For a listed offense, completing drug court can end the case without one.
How we help with drug court and Prop 200
- Check eligibility: We review your prior record against the § 13-3422(D) exclusions and the Prop 200 rules, including any methamphetamine or violent crime issue.
- Get the timing right: Pre-plea entry needs the prosecutor's agreement, so we raise drug court early and present the reasons it fits your situation.
- Compare the paths: Drug court asks a lot of you. We talk through whether a program fits your work, family and treatment needs, and how it compares with Prop 200 probation or diversion.
- Defend the case first: Entering a program should not mean ignoring defenses. A problem with the stop, the search or the lab results may change your options.
- Stand with you on violations: If you struggle in the program, we can respond at the hearing. See probation violations.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Not exactly. Drug court under § 13-3422 is a court program run by the superior court in cooperation with the county attorney. Diversion is generally a prosecutor program. Both can lead to a dismissal in some cases; see felony diversion.
For the possession offenses listed in § 13-3422(I), the court "may discharge the defendant and dismiss the proceedings" after you fulfill your probation terms. The word is "may," and some programs operate after a judgment of guilt instead (§ 13-3422(L)). Ask which kind of program you are entering.
Not on the deferral and dismissal track. Under § 13-3422(D), you are not eligible if you completed or were terminated from a drug court program, or a drug diversion program for a drug offense, other than a juvenile program.
A violation allows the court to end your participation, enter an adjudication of guilt and revoke probation, but the statute says "may" (§ 13-3422(G)). Under Prop 200 probation, § 13-901.01(E) limits incarceration after a violation. Tell your lawyer right away if you are struggling, so options can be discussed before a hearing.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-3422: Drug court program; establishment; participation
- A.R.S. § 13-901.01: Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education
- A.R.S. § 13-3401: Definitions
- A.R.S. § 13-3405: Possession, use, production, sale or transportation of marijuana; classification; exceptions
- A.R.S. § 13-3407: Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification
- A.R.S. § 13-3408: Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification
- A.R.S. § 13-3415: Possession, manufacture, delivery and advertisement of drug paraphernalia; classification; civil forfeiture; factors; definitions
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-3101: Definitions
Cornell Legal Information Institute
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