The recreational use of cannabis was legalized with the adoption of Proposition 207 on November 3, 2020. [35] [36] The organization of the initiative began in August 2019 through the Arizona Dispensaries Association and the Arizona Cannabis Chamber of Commerce. [37] [38] [39] The Arizona Dispensaries Association filed a Smart and Safe Act election initiative petition on September 26, 2019[40] to obtain the required 237,645 signatures from registered voters in Arizona by July 2, 2020. [41] [42] The Smart and Safe Arizona campaign eventually submitted more than 420,000 signatures to the Secretary of State`s office. [42] [43] On August 11, 2020, the Secretary of State announced that the initiative had qualified for the November vote as Proposition 207. [44] While Arizonans have had more than a year to get used to the laws on the legalization of recreational marijuana in the state, many are unaware of the legal changes that accompanied legalization. People need to understand the effects of recreational marijuana on different criminal laws and the differences between recreational and medical marijuana laws. Legal laws on recreational and medical marijuana have a significant impact on the criminal justice system in Arizona. Before marijuana was legalized, even a small amount of marijuana could lead to a conviction for a crime. Medical use was legalized in 2010 with the adoption of Proposition 203 (adopted with 50.1% of the votes), with the first licensed sales taking place in December 2012. This bill came 10 years after voters passed Proposition 203 legalizing medical marijuana in the November 2010 election. Like the previous medical marijuana law, Proposition 207 has resulted in many changes to how marijuana possession is treated in the state. Cannabis is legal for recreational use in Arizona.
A 2020 initiative to legalize recreational use (Proposition 207, Smart and Safe Act) passed with 60% of the vote. The possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-authorized sales taking place on January 22, 2021. In November 2016, Proposition 205, an initiative to legalize recreational cannabis use, failed with 48.7% of the vote. [30] The initiative would have allowed adults to possess up to one ounce (28 g) of cannabis and grow up to six plants for personal use. [31] It also called for the establishment of a system of commercial distribution and taxation of cannabis, with excess tax revenues (after payment of program expenditures) to fund public schools and substance abuse programs. [31] Arizona is the 13th state to legalize marijuana after voters passed Proposition 207 by 60% to 40% on November 3, 2020. The new law is known as the Smart and Safe Arizona Act. Last year, Arizona`s Prop 207, an election initiative to legalize cannabis for adults, was approved by a 60-40 percent majority. After the law was formally enacted, regulators moved quickly to launch the legal cannabis market, and sales began in late January this year. Under Proposition 207, adults 21 and older are allowed to possess up to one ounce of marijuana and grow up to six plants in their homes.
Sales of marijuana are subject to the standard sales tax rate of 5.6% plus an excise tax of 16%. Starting in July, people previously convicted of minor cannabis-related offences will be allowed to apply for the expungement and expungement of these criminal records. Learn more about the removal process in your county and view petition forms on the Arizona Court System website. You can also read a full summary of the new legalization law here. Stay up to date: Click here to sign up for MPP`s Arizona-specific email updates! Before recreational marijuana was legalized, police could arrest people and conduct searches based on the smell of marijuana. This often resulted in lengthy stops and searches, and it was difficult to argue with an officer`s claim that he smelled of marijuana. However, the standard is now more complex. Prior to the legalization of recreational marijuana, individuals arrested with any amount of marijuana under two pounds could be charged with a Class 6 felony under ARS 13-3405. However, Proposition 207 created a new chapter in Title 36 of the revised Arizona Regulations entitled “Responsible Use of Marijuana by Adults.” Under SIR 13-3415, people could previously be charged with Class 6 offences for possession of drug paraphernalia for marijuana use. Prior to the passage and enactment of the Recreational Marijuana Act, you could be charged with a crime if you were caught with any type of marijuana paraphernalia, including pipes, bongs, bags, accessories and the like if you did not have a medical marijuana card.
An experienced criminal defense attorney from Shah Law Firm can help you understand these laws and what you should avoid to avoid being charged with a marijuana-related crime in 2022. It is important to point out some differences between medical marijuana use and recreational marijuana use in Arizona. Former U.S. Senator and Republican presidential candidate Barry Goldwater was a supporter of the initiative[7] and served as honorary chairman of the Proposition 200 campaign. [8] The main sponsor of the initiative was the founder of the University of Phoenix, John Sperling. [7] Rule 36 of the Rules of Judicial Procedure for Civil Traffic Offences, Marijuana, Parking and Stopping (draft; Pending before the Supreme Court in August 2021) On November 2, 2010, Arizona voters passed a medical marijuana initiative — Proposition 203 — with 50.13% of the vote.
