At the time of writing this article, only about 92% of the votes in Arizona have been fully counted, but it’s pretty safe to say that Arizona’s Proposition 207, legalizing recreational marijuana, has passed with nearly 60% of the vote. This proposition legalizes the possession and use of marijuana for adults age 21 and over, while also allowing individuals to grow up to six marijuana plants in their place of residence.

But what are some of the limitations of this proposition? And what does it mean for those who already have marijuana convictions in the state of Arizona?

What Exactly Does Proposition 207 Include?

In its most basic form, Proposition 207 outlines the legalization of recreational marijuana for individuals age 21 and over (in limited quantities). In addition, the proposition states that a 16% sales tax will be placed on all marijuana sales in the state. This will be in addition to the transaction privilege tax and use tax that has already been in place for medical marijuana in the state prior to this election.

The proposition identifies the key receivers of the tax collected from marijuana; a group which includes municipal police, fire departments, the Highway User Revenue Fund, and community college districts among others.

Regarding those who have already been convicted of marijuana-related crimes, the proposition also states that anyone who has been charged, convicted, or even sentenced for possessing up to 2.5 ounces of marijuana, up to 12.5 grams of concentrate, or having six or fewer marijuana plants can petition the court system to have their record expunged. If the opposing party cannot provide a clear and definitive reason as to why the defendant’s crime(s) should not be expunged, then the court must grant the petition. This could affect hundreds of thousands of Arizona citizens.

The proposition will officially go into effect beginning November 30th. At this time, possession of marijuana in limited quantities will become legal. However, that doesn’t mean you’ll be able to go purchase recreational marijuana right away. For starters, Arizona’s Department of Health Services will first need to establish regulations, such as the date when recreational cannabis can be legally sold throughout the state. Currently, members of the recreational and medical marijuana industries are hoping for mid-Spring 2021.

And you won’t be able to purchase marijuana from just anywhere. Established medical marijuana dispensaries will be the first to have the option to sell recreational marijuana, and applications for those licenses won’t be accepted until January of 2021.

Medical Marijuana in Arizona

Arizona already has an established medical marijuana program; one of only 33 states in America to do this. In 2019, there were nearly 200,000 qualifying cardholders throughout the state – and this number is rising continuously. Arizona medical marijuana cardholders have the right to purchase, possess and consume marijuana (within the legal limits).

How could this be affected by the legalization of medical marijuana?

In order to qualify for a medical marijuana card, you must have one or more qualifying conditions and be at least 18 years of age – this will not change, even with the legalization of recreational cannabis. You also need to have a valid form of identification and be a resident of the state. Eligible patients are able to purchase up to 2.5 ounces every two weeks and can be found in possession of up to 2.5 ounces at any given time. This is consistent with the regulations outlined in Proposition 207, so, again, there won’t be much change seen in the regulations themselves.

Arizona Drug Laws and Tourism

How exactly Arizona will handle recreational marijuana laws when it comes to non-residents is yet to be seen, but it is certainly fair to assume that current drug laws are going to have to shift to some degree.

As it stands now, tourists are not protected from Arizona’s drug laws. If a tourist is found driving under the influence of marijuana, they can and will be charged with a DUI (driving under the influence). That being said, reciprocity laws currently exist which allow for some flexibility for non-residents.

In order for these reciprocity laws to apply to the driver in question, three things must be true: the driver must have been residing in Arizona for less than thirty days prior to the arrest, the driver must have a diagnosed condition that is recognized by Arizona’s marijuana program, and the driver must have a medical marijuana card (or some equivalent form of identification) from their home state.

Recreational Marijuana in a Zero-Tolerance State

Operating a vehicle while impaired (under the influence of alcohol or drugs) is illegal in the state of Arizona. If you are pulled over under the suspicion of driving under the influence of marijuana, a chemical test can be requested by the police. This is compulsory, meaning that you must comply. If you do not, you can face up to a one-year license suspension regardless of the number of offenses you’ve committed previously. This is due to the fact that, in the eyes of the law, you consent to these tests the moment you get behind the wheel of your vehicle.

Arizona also has a zero-tolerance policy for intoxication under the age of 21. Anyone who is younger than 21 and found to have drugs in their system – regardless of the amount - can be arrested.
The difficulty comes with actually proving impairment due to drugs. Many states use the 0.08 blood-alcohol level reading to determine impairment as the result of alcohol. Unfortunately, mobile devices (like the breathalyzer for testing alcohol) do not currently exist to test intoxication due to drugs.

At present, there are two ways in which officers of the law can “prove” impairment: “per se” charges, which rely on chemical tests to determine if there is marijuana in the system of the driver in question, or by charging the driver with an “impaired DUI,” meaning that the driver displayed signs of being high.

Depending on the circumstances involved, it is possible for some drivers to argue that they were not under the influence of drugs at all. This can be done by providing other causes for the observed symptoms.

That aside, drugged driving is on the rise in Arizona. While not quite as prevalent as drunk driving, the percentage of drugged driving accidents has significantly increased in the past ten years. This is important to keep in mind because we may very well see an increase in severity to Arizona’s drugged driving laws (already some of the strictest in the country) in order to hopefully prevent a growth of incidents due to the legalization of recreational marijuana. Just be sure that you’re making smart, responsible choices at home and on the road.

As it stands, we’re likely to see a lot of new Arizona regulations and legislation surrounding recreation marijuana in the upcoming months. It’s important that you stay informed about what is legal and when. Despite its approval, the new proposition does not go into effect until the end of the month – and that’s still only a partial amount. Know that you can still be charged with illegal possession of marijuana in the meantime. Stay abreast of the latest news and, when in doubt, seek legal advice from an experienced professional in the field.

We’re sure you have a lot of questions. Luckily, we can help. If you’re unsure how this new proposition might affect you or your previous marijuana charge(s), please feel free to reach out to our team of experienced criminal lawyers. As always, consulting a lawyer will be extremely beneficial when it comes to determining your beset options.