by Zayed Al-Sayyed

Drug PossessionNovember 28, 20220 comments

Marijuana Legalized in Arizona

Thanks to Proposition 207 – also known as the “Smart and Safe Arizona Act” – marijuana has now been legalized in Arizona. However, this is not to say that there aren’t restrictions. Stay tuned, as Phoenix’s top-rated attorneys are revealing everything you need to know about the legalization of marijuana in Arizona in today’s blog post.

Proposition 207 Explained

Proposition 207 had marijuana legalized in Arizona, which changed the formerly criminal law in some major ways. Just like alcohol, it is illegal for anyone under the age of 21 to possess or consume marijuana. This law also makes it a crime to distribute marijuana to a minor.

Arizona citizens are legally allowed to possess one ounce of marijuana (which is 28.35 grams). Of that ounce, they can possess five grams of marijuana concentrate, which is a resin extracted from the marijuana plant.

It’s important to note that Arizona’s DUI laws have not been changed by this proposition. However, in order to be convicted of a DUI, the prosecution must be able to prove that you were driving while impaired. (Simply having THC in your blood is not enough to be arrested.)

Additionally, the law does not legalize the smoking of marijuana in public or open spaces, and employers can still prohibit their employees from consuming marijuana before or during working hours.

Police Cannot Use Marijuana as Grounds for Search

Proposition 207 complies with your 4th amendment right to be free from warrantless searches by the police. While few Arizonians are aware of this proposition, it is essential to be aware of what it means for our state. Specifically, Proposition 207 states that:

 “The odor of marijuana or burnt marijuana does not by itself constitute reasonable articulable suspicion of a crime.” 

Expungement Is Now Legal (With Limitations)

Prior to this proposition, Arizona law did not support the expungement of drug convictions. However, this law changes that. Proposition 207 allows for the expungement of certain marijuana convictions. Here’s what you need to know:

• – Expungement applies only in certain cases. Expungement is limited to certain types of marijuana offenses including possession of 2.5 ounces or less; possession of 6 (or less) marijuana plants for personal use; and using marijuana paraphernalia.
• – Defendants, defense attorneys, and prosecutors can file petitions. A petition must be filed for an expungement to occur.
• – Convictions for transportation of large quantities of marijuana are not eligible. If your case involves several pounds of marijuana, you cannot get your arrest or conviction expunged.

Top-Rated Phoenix Attorneys

So, is marijuana legalized in Arizona? In short, the answer is yes. However, we hope that today’s blog post was able to explain the nuances of the law and its implications. If you or a loved one is facing a marijuana arrest, working with a skilled criminal law attorney can help.

Our team here at The Law Office of Zayed Al-Sayyed brings a level of aggressiveness, experience, and knowledge to your criminal defense case. With our attorneys by your side, you can rest assured that your case will yield the best possible outcome.

Ready to see what we can do for you? Contact our team for a free, no-obligation consultation today.