On November 30, 2020, the state of Arizona legalized the recreational usage of marijuana, which is commonly referred to as weed. Arizona laws already allowed for the legal usage of medical marijuana, but Proposition 207 expanded on this by eliminating the need for a medical marijuana card o purchase and use marijuana.
However, there are specific guidelines for the amount of marijuana you can possess and where it can be consumed. If you do not follow these guidelines, you can be arrested and fined.
What Is Included in Prop 207?
Proposition 207 legalizes recreational marijuana in Arizona, eliminating the requirement of possessing and using medical cannabis cards to do so. Some key points include:
Adults 21 or over may possess up to one ounce of marijuana; home cultivation of six plants per individual and twelve per household; and certain prior marijuana convictions can be expunged from your record.
What Isn’t Included in Prop 207?
Proposition 207 in Arizona legalized the possession and use of marijuana for adults aged 21 and older, but it’s important to note that the following activities are not included in the proposition:
- Driving under the influence of marijuana
- Consuming marijuana in public places
- Possessing more than the legal limit of marijuana
- Selling marijuana without a license
- Possessing or using marijuana on school grounds, on a school bus, or at a childcare facility
Violating any of these restrictions can result in legal consequences such as fines, imprisonment, and the revocation of driving privileges.
Where Is It Legal to Smoke Marijuana in Arizona?
Though legalizing recreational use of marijuana would seem to open up access to it everywhere that cigarettes are permitted, Prop 207 failed to give Arizonans any other means than their homes and backyards to use marijuana recreationally.
According to Prop 207, recreational usage of marijuana is prohibited in public spaces and open areas. It is therefore illegal to smoke marijuana anywhere other than your own home or private property. Should you choose to do so anyway, arrest and criminal charges could follow, with possible fines given as penalties for such behavior.
Penalties for Marijuana Possession in Arizona
Proposition 207 only allows you to be in possession of up to one ounce of marijuana or to grow up to 6 plants in your backyard. If you have more than one ounce of marijuana in your possession, this amount is considered more than an amount for recreational usage, and existing drug laws still apply.
Current penalties for possession of more than one ounce of marijuana in Arizona
Possession of Marijuana under two pounds:
- Class 6 felony if it’s for personal use
- Class 5 felony is personally produced
- Class 4 felony if it’s for sale
- Class 3 felony if it’s transported or imported into Arizona
Possession of Marijuana between two to four pounds:
- Class 5 felony if it’s for personal use
- Class 4 felony f it was personally produced
- Class 3 felony if it’s for sale
- Class 2 felony if it’s transported or imported into Arizona
Possession of Marijuana weighing more than four pounds:
- Class 4 felony if it’s for personal use
- Class 3 felony if it was personally produced
- Class 2 felony if it’s for sale
- Class 2 felony if it’s transported or imported into Arizona
Even though Arizona laws are changing and recreational usage of marijuana is legal, possessing more than one ounce is illegal. If you are arrested for possession of marijuana in Arizona, you will need an experienced drug attorney to help you with your case.
Arizona’s Drug Crime Lawyers
Being charged with a drug crime in Arizona is extremely serious. If you do not have an experienced attorney on your side, the penalties you face can seriously impact your life. An experienced drug attorney can work with the court to have the charges reduced and even dismissed if you meet specific criteria.
If you were charged with possession of marijuana and need an experienced criminal defense attorney to assist you with your case, call criminal defense team here at JacksonWhite Attorneys at Law to schedule a free case review.
Call the JacksonWhite Criminal Law team at (480) 418-4281 to schedule a free case review today.
