With Marijuana Becoming Legal, What Were the Changes to Arizona Drug Laws?
For most of Arizona’s history, possessing marijuana for recreational use in was illegal. This changed after the 2020 election when a majority of Arizona voters approved Proposition 207, also known as the Smart and Safe Arizona act, which resulted in the legalization of recreational marijuana in the Copper state.
Recreational marijuana became officially legal in Arizona as part of the 2021 legislative session after former Governor Doug Ducey signed House Bill 20-2541 into law on April 7th, 2021.
The bill allows adults 21 years of age or older to legally possess one ounce or less of cannabis, five grams or less of concentrate and up to six plants for personal cultivation without penalty or prosecution as long as they abide by all other rules and regulations set forth by the state Department of Health Services (DHS).
The legalization of recreational marijuana has had a major impact on Arizona’s criminal laws, including the expungement of past marijuana-related drug convictions. It’s also important to understand even though small amounts of recreational marijuana can be legally purchased, grown and consumed by adults who are at least 21 years old, it’s possible to be charged with a criminal offence if you’re breaking the recently implemented laws – like selling marijuana without a license or giving it to someone who is below the legal age.
What if You Possess More than the Legal Limit?
People who possess more than one ounce of marijuana but less than 2.5 ounces can be charged with a petty offense (misdemeanor). These offenses can result in fines of up to $300. You could be charged with a Class 6 felony if you have more than 2.5 ounces of marijuana (but less than two pounds), which can result in a maximum fine of $150,000 and up to 18 months in prison. Sentencing guidelines trend higher the greater the weight.
Where Should I Purchase Marijuana in Arizona?
Recreational marijuana is available for purchase at licensed dispensaries in Arizona. The Arizona Department of Health Services is responsible for issuing licenses to recreational marijuana dispensaries, and a list of approved locations can be found online. To purchase marijuana, you must be at least 21 years old and present a valid photo ID at the time of purchase.
Where Am I Permitted to Smoke Marijuana?
In Arizona, smoking marijuana is only allowed in private residences. It’s not permitted to smoke marijuana in public places or businesses, including parks, schools, restaurants and hotels.
Although it’s illegal to smoke marijuana in public, it’s not a crime to be in public while under the influence of marijuana (unless the person is operating a motor vehicle).
Can I Drive after Using Marijuana?
No. It is illegal to drive while under the influence of marijuana, not only in Arizona but in all 50 states. Marijuana affects a person's coordination, reaction time, judgment and other skills needed for safe driving. Driving after using marijuana can result in a DUI charge or worse—an accident that could cause serious injury or death.
Although the smell of marijuana in a vehicle no longer warrants police officers to conduct searches, if an officer has reasonable suspicion the driver is intoxicated, they may not only search the driver and their vehicle but also have them detained and tested for the presence of marijuana by conducting a blood or urine test.
How Did Proposition 207 Impact Marijuana Expungement Laws in Arizona?
The implementation of Proposition 207 has created many unprecedented opportunities for Arizonans affected by outdated marijuana laws to clear their names and allow them to move forward free from stigma associated with past convictions.
Under Proposition 207, you can petition the court for expungement of certain classes of low-level marijuana offenses, including:
- Use and possession of up to 2.5 ounces of marijuana
- Use and possession of up to 12.5 grams of marijuana concentrate
- Possession or cultivation of up to six plants in your private residence
- Use and possession of marijuana-related paraphernalia
Having your records expunged comes with many advantages, including access to jobs and housing opportunities you may have been previously ineligible for, as well as a chance for a fresh start without worrying your past will be held against you.
Contact a Phoenix Defense Attorney to Discuss Your Marijuana Charge
If you are facing marijuana or other drug-related charges or wish to have your records expunged, contact the Law Office of Michael Alarid III to discuss your legal options.
As a knowledgeable and accomplished defense attorney, Michael Alarid III can review the details of your case, explain the applicable laws and provide you with experienced guidance as you make important decisions regarding your future.
Call our Phoenix office today at 602-818-3110 to schedule a consultation.
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