controlled substances; paraphernalia; probation eligibility

HCR 2026 would allow individuals convicted of personal possession or use of controlled substances or drug paraphernalia to receive probation instead of immediate jail time, requiring participation in drug treatment or education programs. It mandates that courts place offenders on probation with treatment as a condition, and they must pay for programs based on their ability to pay. Exceptions include those convicted of violent crimes, three or more prior drug possession offenses, refusal to participate in treatment, or offenses involving methamphetamine or fentanyl (without a valid medical prescription). This proposal must be approved by Arizona voters to become law, as it is structured as a referendum measure.