Arizona just legalized marijuana with a vote that will make history. An overwhelming victory of 60 to 40, Prop 207 (the Smart and Safe Arizona Act), will be the new law of the land. The law is a whopping 17-pages long and discusses a bunch of things.

For example, currently in Arizona if you are found with any amount of marijuana, you will be facing a felony arrest. Under Prop 207, any adult over the age of 21 will now be able to possess up to an ounce of marijuana “flower”, and up to five grams of concentrate. Adults will also be able to grow up to six plants on their property if they are single, or twelve plants if there are two adults living together.

But what does this mean for people who are currently facing charges for possession of marijuana? Will their cases be dropped, or will they still face prosecution? Let’s find out.

What Does Prop 207 Mean for Marijuana?

This proposition will allow adults to travel with up to one ounce and grow up to six plants on their property. It will also reduce penalties for minors and pump an estimated $166 million annually into public health, safety, and education.

While possession and home growing became legal the day the proposition was passed, it will take a while longer to be able to purchase from a storefront. There are 123 medical shops in the state of Arizona that will be able to sell recreationally, but they will not be allowed to apply for their licenses until January, after the rules are written by the Department of Health Services.

The 17-page law provides the framework necessary for recreational sales, but it does not consider the specifics. Some of the rules that will be written such as building security, logging and tracking products, and transportation are expected to be extremely similar to the current medical program rules. Other rules such as dose limits will differ from the medical program.

In addition to state rules, cities and counties will have to create local rules as well. Some places have already banned the build of new recreational shops, but they cannot ban the use of medical dispensaries for recreational use and selling.

What Will Happen to Current Prosecutions?

Anyone who has recently been caught possessing marijuana with a case still pending in the court can file a motion to get their case dismissed only if the case meets the threshold of less than 2.5 ounces of marijuana flower, less than 12.5 grams of concentrates, or the case involves paraphernalia that is used for storing or using marijuana.

The law states that the motion to dismiss can be filed immediately. If a conviction isn’t in the midst, it may be beneficial to wait and find out how the state Supreme Court will address rules for Prop 207 expungements. It is possible there will be a “check-the-box” form that will make it easy for hundreds of defendants currently being prosecuted to have their cases dismissed.

How the process will work depends on the county attorney for each of the 15 counties in Arizona. Prop 207 will give the state Supreme Court the option to create rules that will facilitate possession dismissals as well as past convictions.

When Will Records Be Expunged?

While you can file a motion to have your case thrown out immediately, it will take a little longer to have previous records expunged. Beginning on July 12, 2021, people who have previously been convicted of possessing less than an ounce, six or fewer plants, or paraphernalia will be able to petition to have their record expunged.

If the course decides to grant expungement, they will sign an order that states they will expunge any record of the petitioner’s arrest, charges, conviction, adjudication, and sentence. If the petitioner was convicted of an offense, the order will also state the petitioner will have all of their civil rights, including owning a firearm, restored unless there are other grounds that prevent this. The court will notify the Department of Public Safety, the Prosecuting Agency, and the Arresting Law Agency (if an arrest was made) of the expungement order. All records relating to the expungement will then be sealed.

What Does Prop 207 Mean for My Record?

There are currently over 100 people currently incarcerated for marijuana possession in Arizona, and more than 15,000 people that were arrested for possession statewide in 2018. A person with a marijuana conviction on their record will have an increased difficulty finding a job, a place to live, qualifying for student loans, and having voting rights.

Residents of Arizona will be able to petition to expunge past marijuana convictions, and anyone who applies will be considered qualified unless there is some other reason on their record that prevents qualification.

Any currently pending cases involving marijuana possession that meets the qualifications will automatically be dismissed and removed from any record that states you had a pending case. This will happen immediately as long as there no objections filed.

This will clear your record of these charges, making it easier to find a job and qualify for housing. You will also be able to qualify for student loans and financial aid. You will be able to restore your right to vote as well as owning a firearm.

If the only charges on the case are covered by Prop 207, the entire case will be dismissed. If there are other felony charges on that case, they will remain open, but the charges related to Prop 207 will be removed from the case.

How Many Current Cases Will Be Dismissed?

On November 10, preliminary statistics released by the Arizona Department of Corrections states that they have just under 6,000 cases with charges that include a count covered by Prop 207. They state they will have to review each case individually to determine if the cases only consist of charges related to Prop 207, but they predict that most of those cases will be dismissed.

In addition, there are several other cases that will be impacted by Prop 207 including, 3,500 bench warrants, 1,400 charges that are in the preliminary hearing stage, 1,000 charges that have been submitted, and 180 cases in the trial phase.

Priority will be given to those who already have set court dates or those who are already in custody. Pending and unfiled cases will immediately follow due to the fact that if the case is still in the court, arrests will continue to be made.

Conclusion

With this passing of recreational marijuana use in Arizona also comes the dismissal and expungement of all current prosecutions and jail sentences. Prop 207, also known as the Smart and Safe Act of Arizona, will give thousands of people a second chance to have a clean record. This will make it easier for them to find jobs, housing, vote, and own a firearm. The passing of this law will change so many lives in Arizona now and in the future.