For many years, recreational marijuana in Arizona remained legally off limits. But on November 3, 2020, Arizona voters turned the tables by passing the Smart and Safe Arizona Act, more commonly known as Proposition 207. About 60 percent of Arizonans voted in favor of the act, which subsequently led to the legalization of recreational marijuana for adults 21 and older.

As a result of the legalization, the Arizona legislature also passed a law allowing individuals with cannabis-related convictions to have their records expunged. In other words, individuals who committed marijuana-related offenses prior to November 3, 2020, may have their charges and sentences removed from their criminal record or in some cases have their existing sentences or criminal penalties removed.

Key Details About Prop 207

Although Proposition 207 does allow recreational use of marijuana, it limits the amount of cannabis one can possess and when and where they can use recreational marijuana. According to Arizona law, adults can posses up to one ounce of marijuana and up to six ounces of marijuana plants in their home.

Moreover, the proposition allows the expungement of marijuana convictions, including arrests, charges, convictions and sentences, but also imposes strict restrictions on the nature of these convictions. Title 36 of Arizona Revised Statutes specifies that only these three types of convictions can be expunged:

• Possessing, consuming or transporting marijuana: Only those who possessed, consumed or transported no more than 2.5 ounces of cannabis are eligible for expungement
• Possessing, transporting or cultivating marijuana plants: only those convicted for possessing no more than six plants can petition the court for expungement
• Possessing, using or transporting marijuana paraphernalia

It’s also still illegal to use marijuana when driving a vehicle or operating heavy equipment. Essentially, any scenario where it’d be illegal to drink alcohol it’s also illegal to use marijuana.

Differences Between Prop 207 Expungement and Setting Aside Convictions

Prop 207 expungement requires all cases which involve actions that are currently considered legal to be thrown out. This is an unprecedented event in Arizona’s history, as prior to the passing of Prop 207, criminal records were never thrown out (or expunged), but rather set aside.

A conviction that’s been “set aside” means the conviction was removed from the offender’s record but it may still be considered “a prior” should the person commit another offence. A “set aside” conviction may also show up on a background check, causing potential problems with finding employment or renting an apartment.

On the other hand, a conviction that’s been expunged can never be used as “a prior” and no one will know of the conviction, including employers or landlords. It will be as if the conviction never existed.

How to Get Your Marijuana Conviction Expunged in Arizona

If you have an eligible marijuana offense and wish to have your records sealed, you’ll need to file a petition requesting expungement with a municipal or justice court. At this point you may consider hiring a drug crime lawyer who’ll ensure you dot all the I’s and cross all the T’s of your petition.

Can a Phoenix Personal Injury Lawyer Help Me?

Not unless they also practice criminal law. Most personal injury lawyers don’t actively practice criminal law and likely don’t have the experience or time to help you. There are also some fundamental differences in fee structures between the two.

Phoenix personal injury lawyers operate on a contingency fee, meaning you don’t technically have to pay them up front for their services since their compensation is based on your eventual settlement or a positive verdict outcome.

Criminal lawyers charge by the hour or charge a flat fee for services (like expungement). You should expect to pay out of pocket for legal assistance with your expungement.

The Marijuana Conviction Expungement Process

After you file your petition, you’ll have to endure a mandatory 30-day waiting period before hearing back from the court. If the court deems your petition invalid, you may be summoned for a hearing. At the hearing, the prosecutor handling your case will have to produce evidence showing you’re not eligible for expungement. This is another instance where working with an experienced lawyer may be pivotal to a successful outcome of your case.

If the court accepts your petition, your records will be sealed, including your arrest, charges, conviction and any outstanding warrants related to eligible marijuana charges. Law enforcement and the Department of Public Safety will be notified accordingly.

More Legal Marijuana May Mean More Marijuana Injury Accidents

Recreational marijuana may be legal, but driving under the influence of marijuana is still considered driving under the influence in Arizona.

People who cause accidents when high should be held both criminal and financially accountable. If you or a loved one has been injured by a driver who was drunk or high, it’s likely in your best interest to speak with a Phoenix auto accident lawyer.

At PHX Elite Lawyers, we are committed to helping connect injured people in Phoenix with the most qualified car crash injury or wrongful death attorneys.

Are you interested in scheduling a free consultation with a vetted Phoenix lawyer? Be sure to visit the lawyers page on our website.