How does Proposition 207 affect marijuana-related drug possession charges in the state? Can previous charges be expunged? Our drug crime attorneys provide an update on how these new laws legalizing recreational Marijuana in Arizona may benefit you.

How Much Marijuana Is a Person Allowed to Carry in Arizona?

Proposition 207 allows adults 21 or older to possess not more than 1 oz of marijuana and also allows for the use, sale, and cultivation of the plant by those over 21. Adults may even grow up to six plants in a residential setting and use them for commercial purposes.

It remains illegal for those under 21 to possess or use any amount of cannabis, and for anyone to use the drug in a public place. It is worth mentioning that marijuana is still illegal at a federal level, so a simple act of smoking pot at a national park is still a federal drug crime with significant consequences.

How Does Proposition 207 Affect Marijuana Drug Possession Charges?

The act legalizes the recreational use of marijuana in the state and decriminalizes possession of up to one ounce of the plant. It also downgrades the possession of more than 1 oz and less than 2,5 oz of cannabis to a petty offense that may only require the payment of a fine rather than jail time. Paraphernalia related to the cultivation, manufacturing, processing, or consumption of marijuana has also been legalized.

However, possession of up to 2 pounds of marijuana is a Class 6 felony, even if the drug was meant for personal consumption. It is still unlawful for those under 21 to possess marijuana or be involved in any aspect of the cultivation, processing, or sale of cannabis. Understanding what the act allows and doesn’t allow is key to avoiding a marijuana-related drug charge.

Can Marijuana Charges Be Expunged in Arizona?

In July of 2021, Arizona approved its first statute that allows for the expungement of records related to certain marijuana offenses such as simple possession of 2.5 oz or less and possession of paraphernalia, as well as owning up to six marijuana plants in a home setting. This change allows for individuals previously convicted of lesser marijuana offenses to have their records completely clear of those charges. If you would like to know whether your charges are eligible for expungement or are currently facing drug-related charges in Mesa, reach out to the Naegle Law Firm at (480) 378-9000. We are here to help.