The fine is now at least $3,000, while your jail sentence will not be less than 90 days. The provision of community services and participation in education, testing and treatment programs also remain requirements. You can revoke your driver`s licence for twelve months if you are guilty of driving under the influence of marijuana more than once. Arizona tried again in 2002 to legalize medical cannabis with Proposition 203, but it received only 42.7% of the vote. A viable solution was not approved until nearly 10 years later. In 2010, voters passed the Arizona medical marijuana issue, a heavily revised 203 proposal, by a narrow margin — 50.13% of the vote. After the passage of Proposition 203, the first sales of medical marijuana did not take place until December 2012. While Proposition 207 relaxed many laws related to recreational marijuana use, there are still restrictions you need to be aware of. Among the restrictions you need to be aware of are those that dictate where you can smoke marijuana. Qualified patients and their caregivers can legally possess up to 2.5 ounces (70 grams) of cannabis. If you asked, “Is weed legal in San Diego,” some might laugh in your face, considering how far California is ahead of its time compared to other states. But the question of whether or not marijuana is legal in Arizona is entirely legitimate because it`s still pretty fresh. On Jan.

22, pharmacies began legally selling marijuana to adults 21 and older. Adults can buy up to an ounce of marijuana per day at a pharmacy, with no more than 5 grams of concentrates (extracts). Under RHA 36-2862, removal will be possible for certain criminal convictions for possession of marijuana. Previously, the only recourse for a marijuana-related conviction was to ask for a “layaway.” However, you can now apply for your marijuana criminal record expunged as of July 12, 2021, if you have been convicted of the following offenses: However, the Arizona Supreme Court ruled in Dobson v. McClennen, 238 Ariz. 389 (2015) clarifying this for medical marijuana users. In that case, the Arizona Supreme Court ruled that registered medical marijuana card holders cannot defend themselves against the depreciation of DUI marijuana under ARS 28-1381(A)(1) because they are legally permitted to use medical marijuana. By the way, flying a plane and steering a boat are also illegal acts when performed under the influence of marijuana. If you are currently facing criminal charges for possession of marijuana from the amounts listed in ARS 36-2852, you may be eligible for release from your marijuana possession. If you file a motion with the court pursuant to ARS 36-2862 (G) to dismiss the charge of possession of marijuana for conduct that occurred before the passage of Proposition 207 and that would be legal under applicable law, the court must dismiss your case with prejudice.

This means that the prosecutor cannot file the charges again. If you are a registered medical marijuana patient, an exemption from the state`s DUI law applies if you are not impaired but have a concentration of THC or its metabolites in your blood. Proposition 207 changed the legal standards for reasonable suspicion and probable cause based solely on the smell of marijuana. So if you`ve gone through the last two paragraphs and you`re still wondering, “Is marijuana legal in Arizona?” The answer is yes, absolutely. Arizona passed marijuana legalization laws shortly after California in 2016, with the passage of Proposition 207 on November 3, 2020. According to AZ prop 207, the legal limit on how much a person over the age of 21 can possess is 1 ounce of flower, 5 grams of THC concentrate, as mentioned earlier. If you are caught with 2-4 pounds of marijuana, this is considered a criminal offense and a prison sentence of more than 2 years. Possession of less than 2 pounds of marijuana for personal use is a Class 6 crime punishable by a minimum penalty of 6 months, a maximum penalty of 1.5 years and a minimum penalty of $1,000 or a fine to exhaust the proceeds of the drug offence. If a conditional sentence is imposed after conviction for this crime, the offender is subject to a mandatory sentence of 24 hours of community service.

Arizona`s cannabis laws will continue to evolve, but hopefully, in the right direction. We might as well enjoy it and celebrate the victories. Whether you`re new to marijuana or not, Cannabist is a dispensary you don`t want to miss. Needless to say, Arizona`s recovery laws were changed once Proposition 207 was approved. Cannabis enthusiasts lose the fear of carrying weed, as Arizona`s marijuana laws state that 1 ounce of pure flower or 5 grams of THC concentrate can be possessed without penalty. If a person in possession of more than this amount is caught, the consequences are a minor offence and a civil penalty of $100. If caught in possession of more than 2.5 ounces, it can be considered a serious crime. Therefore, the legalization of recreational weed in Arizona now offers the freedom to consume marijuana, but within certain limits. Pharmacies are allowed to have one retail outlet for every 10 registered dispensaries in Arizona. Patients who are far from their nearest pharmacy can opt for a medical cannabis delivery service. These services deliver medical cannabis directly to the residence of a registered patient or designated caregiver. – A 16% excise tax (similar to alcohol and tobacco) is levied on recreational cannabis sold in state-licensed dispensaries.

Tax revenues will fund various government agencies and community programs. (Patients who use marijuana for medical purposes do not have to pay the 16% excise tax.) 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. The smell of marijuana may also be considered a relevant factor when police officers determine whether they have reasonable grounds to suspect that they have committed a crime. Officers may consider their observations even though some may be individually innocent, but taken together they constitute reasonable suspicion in all the circumstances. So the next time you`re asked, “Is marijuana legal in Arizona,” give him a joint or nibble on a cannabis-infused brownie and laugh at how far Arizona has come as a state in terms of marijuana. At Schill Law Group, we are ready to make our legal expertise available to all Arizona residents. Contact us today if you need an experienced lawyer to defend you. If you are caught with more than 2.5 ounces of marijuana but less than two pounds, you can still face Class 6 offenses under ARS 13-3405. There are also restrictions on where you can smoke marijuana. Under these new laws, you are technically not allowed to smoke it in open public places.