State v. Estrada (2001)
In State v. Estrada, 201 Ariz. 247, 34 P.3d 356 (2001), the court held: "The probation eligibility provisions of Proposition 200 apply to convictions for the possession of items of drug paraphernalia associated solely with personal use by individuals also charged or who could have been charged with simple use or possession of a controlled substance." Estrada, 201 Ariz. 247, P24, 34 P.3d at 361.
The court reasoned that "the electorate, acting in the role of the legislature, did not intend to incarcerate for the lesser offense" of possession of drug paraphernalia, a chapter 34 drug offense, see A.R.S. 13-3415, "and yet mandate probation for the more serious" offenses of personal possession or use of a controlled substance. Estrada, 201 Ariz. 247, P20, 34 P.3d at 361.
Thus, "to interpret Proposition 200 as mandating probation for the crime of smoking marijuana but permitting incarceration if the State charges the user for possessing paraphernalia because the shredded marijuana was wrapped in paper, produces a transparently absurd result." Id. P 23.