In a historic 2020 election, Arizona passed Proposition 207 legalizing recreational marijuana, just four years after a similar ballot measure was defeated, and 10 years after medical marijuana was legalized. Proposition 207 decriminalizes the recreational use of marijuana for adults 21 and older, as well as the possession of marijuana for recreational use.

Arizona Marijuana Laws Before Proposition 207

Under Arizona law, before Proposition 207 was passed, possession of marijuana was a felony offense (with the exception of legal medical marijuana). Arizona law defines marijuana as “all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not and the seeds of such plant.” (Ariz. Rev. Stat. §13-3401.36(19)).

Under Arizona Revised Statutes § 13-405, you were not permitted to knowingly possess or use marijuana. Therefore, if you were caught in the act of using marijuana, you could be arrested for marijuana use. Similarly, if marijuana was found in your pockets, clothing, or elsewhere on your person during a police search, you could be charged with possession of marijuana. You could also be arrested for marijuana possession based on circumstantial evidence, such as when marijuana was found near you or in your car or home.

Criminal Charges for Marijuana Use and Possession

Before Proposition 207 was passed, all criminal charges for the use or possession of marijuana were felonies. The class of felony depended on the amount of marijuana involved and if that marijuana was possessed for sale or personal use.

For personal possession or personal use marijuana charges, you could be charged with any of the following:

• A class 6 felony if less than two pounds of marijuana was involved.
• A class 5 felony if between two and four pounds of marijuana was involved.
• A class 4 felony if more than four pounds of marijuana was involved.

A felony conviction for recreational marijuana use or possession could result in jail time, even for first-time offenders.

Arizona law allows for the following sentences for all first-time felony convictions:

• Sentences for first-time class 6 felony convictions range from 0.33 years to 1.5 years.
• Sentences for first-time class 5 felony convictions range from 0.5 years to 2.5 years.
• Sentences for first-time class 4 felony convictions range from 1 year to 3.75 years.

Proposition 203 — Medical Marijuana Legalization

Medical marijuana was legalized in Arizona in 2010 with the passage of Proposition 203, which became the Arizona Medical Marijuana Act. However, this law placed strict restrictions on who could possess and use marijuana, how much they could have, and how it could be purchased.

Under the Arizona Medical Marijuana Act, you could use or store up to 2.5 ounces of marijuana every 2 weeks with a valid medical marijuana card. If you did not have a medical marijuana card, it was illegal to possess or use marijuana, even for medicinal purposes or as a treatment for an illness or disorder.

Even if you did have a legal medical marijuana card, you could still be arrested for possession or use of marijuana. First, you could be charged with illegal possession of marijuana for any amount of marijuana in excess of 2.5 ounces every 2 weeks. Medical marijuana products were also highly-regulated, and could only be legally obtained from state-licensed dispensaries. Therefore, you could be arrested for possessing marijuana that was purchased from another source, even with a valid medical marijuana card.

The Arizona Medical Marijuana Act also permitted people with medical marijuana cards to grow their own marijuana in certain situations. If your residence was at least 25 miles away from the closest state-licensed dispensary, the law allowed you to grow 12 marijuana plants at a time if you kept them in an enclosed and locked facility. Failure to follow these rules could also lead to criminal charges.

Legalization of Marijuana Under Arizona Proposition 207

With the passage of Proposition 207, recreational marijuana use will be legal as soon as all of the votes have been counted and the results have been certified. After certification of the election results, adults age 21 and older will be legally allowed to possess and use marijuana in the state of Arizona.
Instead of facing felony charges for the possession or use of any testable amount of marijuana, adults that are at least 21-years-old in Arizona will now be able to possess up to an ounce of "flower" and up to five grams of concentrates. Proposition 207 also allows up to six plants to be grown per residence, or 12 plants if more than one person is living on the property.

Anyone with a pending marijuana case involving less than 2.5 ounces of flower, five grams of concentrates, or marijuana paraphernalia can immediately file a motion to dismiss the case. Proposition 207 also gives the Arizona Supreme Court the option to create rules regarding possession dismissals and previous convictions.

Additionally, starting July 12, people who were arrested, charged with, adjudicated or convicted, or sentenced for possessing 2.5 ounces or less of marijuana flower, possessing less than 12.5 grams of concentrate, having six or fewer marijuana plants, or possessing marijuana paraphernalia, can petition to have their criminal record expunged.

Proposition 207 Rules for the Sale of Marijuana in Arizona

In order to sell marijuana under Proposition 207, dispensaries must apply for a license from the state Department of Health Services. Existing medical marijuana dispensaries will be given preference in receiving these licenses. License applications can be submitted starting on January 19, 2021, and Arizona has 60 days to respond. Therefore it is expected that the legal sale of marijuana will begin around mid-March of 2021.

The Impact of Proposition 207 on Medical Marijuana

Proposition 207 does not overwrite or eliminate the Arizona Medical Marijuana Act, and the medical marijuana program will continue. There are certain advantages to maintaining a medical marijuana card if you currently use marijuana for medical purposes.

First, recreational marijuana users will be required to pay an excise tax in addition to state and local sales tax. Proposition 207 creates a 16% tax on the sale of recreational marijuana, the proceeds of which will contribute to community colleges, public safety, and public health initiatives. Medical marijuana cardholders will not be required to pay this tax, and they can also write off their marijuana purchasing expenses on their state taxes.

Proposition 207 and Your Arizona Marijuana Charges

Proposition 207 is a retroactive law, meaning it does not just legalize future recreational marijuana use, but it also impacts previous charges and convictions. If you’re currently facing marijuana charges or if you have a previous conviction involving recreational marijuana use or possession, you should contact an experienced criminal defense attorney to discuss what Proposition 207 means for your criminal record. A defense lawyer can help you determine if your conviction is eligible for expungement or if your pending charge can be dismissed under the new law.