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Arizona Prop 207 and Recreational Marijuana

It’s here. In November of 2020, Arizona passed Proposition 207: The Smart and Safe Act, which legalized recreational cannabis use throughout the state.

As of January 22, 2021, certain Arizona licensed cannabis dispensaries began to legally sell recreational marijuana to consumers. However, the legalization of recreational marijuana does NOT lift all restrictions on production, transportation, use, or sale of cannabis.

How Much Marijuana Can Someone Have?

Any person, aged 21 or older, can purchase and/or possess up to one ounce (28g) of marijuana at a time. If you are a medical marijuana card holder you can possess up to 2.5 ounces. Finally, any household can possess up to six marijuana plants in their home, if there are multiple adults in the home there can be up to 12 plants in that home.

Anyone over the age of 21 can now also buy up to one ounce of marijuana at a time from a retail store.

What If you Have a Prior Felony Marijuana Charge? BIG NEWS

The new law states that starting in mid-July 2021, people can file a petition to have their record expunged if they were arrested, charged with, adjudicated or convicted, or sentenced for possessing:

  • Two and a half ounces or less of marijuana
  • No more than 12.5 grams of concentrate/marijuana
  • Six marijuana plants
  • Cannabis paraphernalia

Although the details of this are still being rolled out, this is huge news for those people who plead guilty or were found guilty of a prior Felony Marijuana Charge which has affected both their ability to find and keep a job and housing.

If this sounds like you or someone you care about call the Law Office of Brandon White Team for a free strategy session on how we can help delete this from your or your loved one’s criminal record.

What are Some Other Restrictions on Use?

Now, although recreational use is legal in Arizona, everyone should know that just like the use of tobacco, smoking marijuana will be restricted to certain locations. Also, just like consuming too much alcohol, a person cannot consume or use marijuana and then operate a vehicle. If a person is found to be impaired by marijuana while driving even to the “slightest degree,” they can be charged with a DUI and/or DUI Drug Charge. If you or someone you care about is facing a DUI Drugs Charge be sure to contact our Chandler DUI Attorneys for a free strategy session. You’ll learn valuable information with how these cases proceed through the court system.  For information on how DUI charges proceed through the court system, check the DUI section of our website.

Some Additional Important Restrictions to Look Out For

Outside of a potential DUI charge, there are a variety of violations you should know for the newly written marijuana rules in Arizona.

For example: Possessing amounts of marijuana greater than the allowed 1 ounce can lead to criminal charges ranging from Class 1 misdemeanors (possession of minimal amounts and/or paraphernalia) to Class 2 felonies (possession of an amount greater than 4 pounds with the intent to sell OR transporting marijuana for sale an amount greater than 2 pounds).

If you have a questions about Arizona’s New Recreational Marijuana Law, facing a DUI or DUI Drugs, or even a Marijuana related offense, call our Team to help you navigate this. We’re here to help.