During the 2020 election, Arizona voters overwhelmingly passed Proposition 207, which finally legalized marijuana in the state. Prior to Proposition 207, Arizona was at the top of the list of states in the nation with the harshest marijuana laws. In fact, Arizona was the only state in the U.S. where first-time possession of a small amount of marijuana was still considered a felony.
At Suzuki Law Offices, L.L.C., we know that harsh treatment of individuals by law enforcement and prosecutors for marijuana crimes has had a massive impact on Arizonans. We also know that it will impact future incidents involving marijuana possession, as well as past convictions for marijuana-related offenses. That is why our top-notch legal team is committed to helping clients understand their rights regarding marijuana-related arrests and convictions.
What Is Proposition 207?
Proposition 207 is a substantial piece of legislation containing numerous provisions. Nevertheless, the following provisions of Prop 207 are important to note for criminal defense purposes:
- Under the new law, “marijuana” applies to ALL parts of the plant, including the seeds, resin extracted from the plant, and compounds and derivatives therefrom.
- Proposition 207 covers the leafy version of marijuana, wax, oil, and other substances derived from the plant.
- Employers still have the right to restrict their employees’ ability to use marijuana.
- It is illegal to drive a car, operate a boat, or fly a plane while under the influence of marijuana.
- Individuals under the age of 21 are not permitted to possess or use marijuana.
- Individuals can possess paraphernalia related to the use, sale, transportation, cultivation, and manufacture of marijuana.
- The mere fact that a person has marijuana in their system is not sufficient to charge them with DUI. The state must also prove that the person is impaired to the slightest degree.
- The scent of burnt or fresh marijuana is no longer sufficient by itself to justify police investigation of a crime or detention of an individual, unless police are investigating a DUI.
FAQ: Proposition 207
Question #1: How much marijuana can a person possess?
A: Individuals are allowed to possess or use one ounce or less of marijuana (or five grams or less of wax or oil). If a person has more than one ounce, but less than two and one-half ounces (twelve and one-half grams of oil or wax), then it will be treated as a petty offense (punishable by fine only).
Question #2: Are you are allowed to possess, transport, or cultivate plants or at your home?
A: Individuals can possess, transport, or cultivate six plants or less on their property. There can be no more than twelve plants on the property if two or more adults live there. The cannabis plants must be in a locked closet, room, or another enclosed area to prevent access by minors. Individuals can transfer up to one ounce of marijuana (five grams of oil or wax) or six plants to another person if they are not doing it as payment for work or services.
Schedule Your Free Consultation Today
At Suzuki Law Offices, L.L.C., we know that it can be very complicated when a new law like Proposition 207 is implemented by the state. That is why you should reach out to our seasoned legal professionals to discuss how the new law might impact your current or previous marijuana-related conviction. We will gladly take all the time you need to help you understand your rights.
Expunge Your Marijuana-Related Offenses
Proposition 207 provisions related to prior convictions will take effect on July 12, 2021. This means you might be eligible to expunge prior convictions for possession, consumption, and other recreational marijuana offenses. Any prior conviction, misdemeanor or felony, for certain conduct legalized by Prop 207 can be expunged, including the conviction, arrest, charge, and sentence.
Marijuana-related offenses that can be expunged include:
- Possession, use, or transportation of two and a half ounces or less (twelve and a half grams of wax or oil).
- Possession, transport, or cultivation of six plants or less in the home.
- Possession, use, or transport of paraphernalia.
If you want to expunge a marijuana-related offense, you must file a petition with the court. The court will determine whether you should be granted an expungement.
If an expungement is granted, your records will be sealed, which means the state can’t disclose them to anyone but you or your representative. With an expungement, your rights will be restored (unless suspended by some other conviction), and you can say you were never convicted or arrested for the offense.
The expungement issue becomes more complicated if you have subsequent convictions and open cases. Expungement can drop you down to a more lenient sentencing category. If you have already been convicted and sentenced for a non-marijuana related offense, then your sentence could possibly be subject to reduction if you have marijuana-related prior convictions. You also might be eligible for mandatory probation under Prop 200 for certain offenses due to the new law.
You should consult with an attorney at Suzuki Law Offices, L.L.C. to discuss your options.
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