On November 30, 2020, the state of Arizona legalized the recreational usage of marijuana. 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?

While Proposition 207 is Arizona’s first step towards full legalization of marijuana possession, recreational usage, and growth, it left out several key factors.

Here is what was included in Prop 207:

  • Recreational usage of marijuana by adults 21 years or older
  • Possession of up to 1 ounce of marijuana
  • You can grow up to 6 plants

What Isn’t Included in Prop 207?

Prop 207 left out two vital pieces of information that prevent many people from using marijuana for recreational purchase. First, It left out where you can purchase marijuana from,  and second, it left out where you are allowed to use it recreationally. Even though Prop 207 will enable adults to possess, use and grow their own marijuana, it does not provide a legal way for adults to purchase marijuana and use it.

This means that even though there are over 100 dispensaries in the state of Arizona, it is currently illegal to purchase marijuana from a dispensary without a valid medical marijuana card.

Where Is It Legal to Smoke Marijuana in Arizona?

While it would seem that legalizing the recreational usage of marijuana would mean that you could use marijuana in all of the same places that cigarettes are allowed, that’s far from the case. Instead, Prop 207 did little to nothing to allow Arizonans the ability to use marijuana other than in their home or their backyards.

According to Prop 207, recreational usage of marijuana is prohibited in public places and open spaces. This means that it is illegal to smoke marijuana in places other than your home or private property. If you decide to smoke marijuana in a location other than your home or private property, you can be arrested, charged with a crime, and given a fine.

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) 467-4370 to schedule a free case review today.

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