Ariz. Rev. Stat. » Title 41
Arizona Revised Statutes

Ariz. Rev. Stat. § 41-1604.15 (2026)

Probation or other release noneligibility; violent crime; under the influence of marijuana, a dangerous drug or a narcotic drug

✓ current as of May 2026
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Notwithstanding any law to the contrary, any person who is convicted of a violent crime as defined in section 13-901.03 that is committed while the person is under the influence of marijuana, a dangerous drug or a narcotic drug as defined in section 13-3401 is not eligible for probation or release on any basis until the entire sentence has been served. Pursuant to section 41-1604.07, the director shall include any such person in a noneligible earned release credit class and the prisoner is not eligible for placement in an eligible earned release credit class.

 

Notes of Decisions
Cited in 6 cases, 1998–2017 · leading case: State v. Hensley, 31 P.3d 848 (Ariz. Ct. App. 2001).
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State v. Hensley, 31 P.3d 848 (Ariz. Ct. App. 2001). · cites it 62× “04 was enacted to effectuate only A.R.S. § 41-1604.15 (1999), [3] which was amended at the *852 same time the legislature enacted A.”
Goddard v. Superior Court, 956 P.2d 529 (Ariz. Ct. App. 1998). · cites it 2× “In a comparable- provision, Proposition 200, § 8 added A.R.S. § 41-1604.15(C), providing for the purpose of parole that personal possession or use shall not include possession for sale, production, manufacturing, or transportation for sale.”
Gray v. Irwin, 987 P.2d 759 (Ariz. Ct. App. 1999). “Any person who has been convicted of or indicted for a violent crime as defined in § 41-1604.15, subsection B[,] is not eligible for probation as provided for in this section but instead shall be sentenced pursuant to the other provisions of chapter 34 of this title.”
Foster v. Irwin, 995 P.2d 272 (Ariz. 2000). “Any person who has been convicted of or indicted for a violent crime as defined in § 41-1604.15, subsection B is not eligible for probation as provided for in this section but instead shall be sentenced pursuant to the other provisions of chapter 34 of this title.”
State v. Jones, 995 P.2d 742 (Ariz. Ct. App. 1999). “Any person who has been convicted of or indicted for a violent crime as defined in § 41-1604.15, subsection B is not eligible for probation as provided for in this section but instead shall be sentenced pursuant to the other provisions of chapter 34 of this title.”
State v. St. Pierre (Ariz. Ct. App. 2017). · cites it 3× “¶9 Considering the language of A.R.S. § 41-1604.15, St. Pierre misconstrues the Allegation of Violent Crime Committed While Under the Influence and the State’s agreement to withdraw it.”
— Ariz. Rev. Stat. § 41-1604.15(B) — 1 case
State v. Hensley, 31 P.3d 848 (Ariz. Ct. App. 2001). “04 was enacted to effectuate only A.R.S. § 41-1604.15 (1999), [3] which was amended at the *852 same time the legislature enacted A.”
— Ariz. Rev. Stat. § 41-1604.15(C) — 1 case
Goddard v. Superior Court, 956 P.2d 529 (Ariz. Ct. App. 1998). “In a comparable- provision, Proposition 200, § 8 added A.R.S. § 41-1604.15(C), providing for the purpose of parole that personal possession or use shall not include possession for sale, production, manufacturing, or transportation for sale.”
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