Arizona’s Approach to Marijuana Offenses Post-Legalization

In 2020, Arizona voters passed Proposition 207, legalizing recreational marijuana for adults 21 and older. While this marked a major shift in the state’s drug policy, not all marijuana-related activity is legal—and many offenses still carry serious criminal consequences.

What Is Legal Under Proposition 207?

– Adults 21 and older can possess up to 1 ounce (28 grams) of marijuana, with no more than 5 grams in concentrate form.
– Adults can grow up to six marijuana plants at home (12 if two or more adults live in the residence), provided the plants are kept in a secure, enclosed area out of public view.
– Possession and use must occur on private property. Public use is still prohibited.

Marijuana Offenses That Still Carry Penalties

– Possessing more than 1 ounce but less than 2.5 ounces: Civil penalty or petty offense for first violations
– Possessing more than 2.5 ounces or over 12.5 grams of concentrate: Class 4 felony
– Unlicensed sale or distribution: Felony, especially for sales to minors or in large quantities
– Underage possession (under 21): Civil or criminal penalties depending on amount and prior violations
– Driving under the influence of marijuana: Still strictly enforced under Arizona DUI laws

Expungement Opportunities

Proposition 207 also created a process for expunging past marijuana-related convictions. Individuals can petition the court to clear records for:
– Possession of 2.5 ounces or less
– Possession of up to 6 marijuana plants
– Paraphernalia charges related to personal use

An expungement removes the conviction from public records and can improve your ability to find housing, employment, and educational opportunities.

Medical Marijuana Laws Still Apply

Arizona’s medical marijuana program remains active and offers legal protections for patients and caregivers. However, medical users must still comply with cardholder limits, storage rules, and employment guidelines.

Defending Marijuana Charges in Arizona

Despite legalization, many people are still arrested or cited for violating state marijuana laws. At Molina Law Group, we defend clients against marijuana charges by:
– Arguing lack of probable cause for search or arrest
– Proving that possession was within legal limits
– Challenging the alleged weight or content of the substance
– Petitioning for expungement of eligible past convictions

Legal marijuana doesn’t mean risk-free marijuana. Understanding the boundaries of Proposition 207 can help you avoid unnecessary legal trouble.

If you’re facing marijuana charges or want to clear an old conviction, contact Molina Law Group today for an experienced legal team that understands Arizona’s evolving marijuana laws.