IS PERSONAL USE OF MARIJUANA LEGAL IN ARIZONA?
In 2020, marijuana was legalized by the voting in of Proposition 207, or the Smart and Safe Arizona Act. This brought about some huge changes in Arizona's criminal laws.
IN ARIZONA, RECREATIONAL USE OF MARIJUANA FOR PERSONS OVER THE AGE OF 21 IS LEGAL.
Persons under 21 are prohibited from using or consuming marijuana for recreational use, as it is with alcohol.
It is also illegal for marijuana to be distributed to a minor.
THE LIMITS ON HOW MUCH MARIJUANA YOU CAN POSSESS
In Arizona, a person is legally permitted to possess 1 ounce (+- 28.35g) of marijuana, of which 5g may be marijuana concentrate ( a resin extracted from the marijuana plant) used in a vape pen.
It is illegal and a petty offense to possess more than 1 ounce and less than 2.5 ounces of marijuana, and a more serious offense to possess more than 2.5 ounces. These crimes may leave you liable to pay a fine.
DRIVING UNDER THE INFLUENCE OF MARIJUANA IS ILLEGAL
The Smart and Safe Arizona Act still prohibits driving under the influence of marijuana. To be convicted of a DUI for having THC in your body, the prosecution will have to provide evidence that you were driving while impaired. It is not enough to convict you of a DUI if you have carboxy-THC in your blood, yet were not driving.
It is therefore suggested not to operate a boat, aircraft or motor vehicle if you are under the influence of THC.
WORKPLACE RULES ABOUT THE USE OF MARIJUANA ARE AT THE DISCRETION OF EACH EMPLOYER.
Employers still have the right to limit and maintain a drug and alcohol-free work environment. An employer may still prohibit their employees from using marijuana at the workplace.
A WARRANTLESS SEARCH PERFORMED BY POLICE ON THE BASIS OF THE SCENT OF MARIJUANA IS NOT PERMITTED.
Your 4th Amendment rights are protected by Prop 207, meaning that police may not perform a warrantless search based on the scent of marijuana in your possession. The law, A.R.S section 36-2852(C), states, “the odor of marijuana or burnt marijuana does not by itself constitute reasonable articulable suspicion of a crime.”
If you feel these rights have been violated, it is very important to contact a good criminal defense attorney immediately to assist you with proceeding with the incident.
WHAT ARE THE LIMITATIONS THE STATE OF ARIZONA HAS PLACED ON EXPUNGEMENT?
In Arizona, only certain marijuana convictions are eligible to be expunged.
- Not all arrests, charges, adjudications, and convictions can be expunged. Only marijuana offenses such as:
- Possessing, consuming, or transporting 2.4 ounces or less of marijuana, not more than 12.5 grams was in the form of marijuana concentrate.
- Possessing, transporting, or cultivating six or fewer marijuana plants at the person's primary residence for personal use.
- Possessing, transporting, or using marijuana paraphernalia.
- To apply for an expungement, a person must file for such and submit an application as expungement is not automatic. A hearing on your petition may follow this. This is why hiring an experienced defense attorney, defendant, or prosecutor is a good idea to assist you with your expungement application.
- If you have prior convictions of Transportation of Large Quantities of Marijuana or Possession of large amounts of marijuana, you will not be eligible for expungement.
After a successful expungement, the courts will be required to dismiss any pending charges that may be help against you should they fall within the qualifying criteria.
TRANSPORTATION AND SALE OF MARIJUANA REMAIN ILLEGAL
Transportation and sale of marijuana remain illegal in the State of Arizona. It is illegal to sell marijuana to others without a dispensary. Any amount of Marijuana over 1 oz. That is personally possessed becomes unlawful. Anyone accused of transporting marijuana with a weight over 2lbs can face serious felony charges and mandatory prison time if convicted with proof of intent to sell.
CONTACT US FOR A FREE CONSULTATION
If you think you meet the above criteria and would like to apply to have your conviction, arrest, or charges expunged, use the link below to book a free consultation. In this consultation, our experienced attorneys will go through all the details of your case to determine your eligibility. Should you qualify, our attorneys can assist you with filing your petition to have your convictions, arrests, or charges expunged correctly.