Marijuana Possession Laws in Arizona

On Election Day 2020, Arizona voters approved Proposition 207, also known as the “Smart and Safe Arizona Act,” legalizing marijuana. It will bring about significant changes to Arizona’s criminal laws. The following are the key details of Arizona’s legalization of marijuana.

Familiarize Oneself With Arizona’s Marijuana Law’s Details

Marijuana legalization in Arizona has significantly impacted the state’s penal code. Here are a few of the more significant adjustments.

Arizonans age 21 and older can now use marijuana recreationally.

Under Arizona’s new recreational use regulations, it is still unlawful for anybody under the age of 21 to possess or use marijuana. Similar to how giving alcohol to a juvenile is prohibited, giving marijuana to a minor is likewise against the law.

You may own up to 1 ounce of marijuana and 5 grams of concentrate.

The legal possession of one ounce of marijuana, or 28.35 grams, is now permitted in Arizona.

Five grams of marijuana concentrate, which is resin removed from the marijuana plant and used to make THC concentrate in the form of wax or oil for vaporizers, may be found in the 1 ounce.

If you have more than one ounce, you are in violation of the law and may be charged with a minor infraction (for amounts under 2.5 ounces) or a more serious crime (for cases involving more than 2.5 ounces). A civil fine of no more than $100 will be imposed for a first minor offense.

As a result, even while it is still unlawful to possess more than one ounce of marijuana, doing so with less than 2.5 ounces will only result in a civil fine of no more than $100.

Additionally, keep in mind that marijuana possession and use remain illegal under federal law.

Marijuana Use While Driving is Illegal

The Smart and Safe Arizona Act does not alter Arizona’s DUI laws. However, the prosecution must show that you were actually driving while impaired in order for you to be found guilty of a DUI for having THC in your system. It is not enough to just have a metabolite like carboxy-THC in your blood to be found guilty of DUI. Therefore, if you’re high on THC, the psychoactive component of marijuana, don’t drive, sail, or fly an airplane.

Employers are Still Permitted to Forbid the Use of Marijuana at Work

The new law does not restrict your employer’s ability to keep your workplace drug- and alcohol-free. An employer may forbid you from smoking marijuana while working, just like they may do with alcohol.

Avoid Smoking Marijuana in Public Areas

The use of marijuana in “a public place or open area” is not permitted under Arizona’s recreational marijuana statute. Therefore, exercise extreme caution when using marijuana. Avoid doing it in front of people, close to a school, or while driving.

If Police Smell Marijuana, They Can No Longer Conduct a Warrantless Search.

The impact of Prop 207 on your right to be free from unwarranted searches by the police is a crucial aspect of Arizona law. This clause is not widely known, yet it is very significant. “The smell of marijuana or burnt marijuana does not by itself constitute reasonable articulable suspicion of a crime,” the new law states. AR Statute 36-2852 (C).

The law of search and seizure is quite complicated. Suppose you have any concerns regarding the validity of a warrantless police search of your person, vehicle, or residence. In that case, you should get in touch with a skilled criminal defense lawyer right once.

With Certain Restrictions, Expungement Is Now Legal in Arizona

Until recently, Arizona law did not permit the erasure of drug convictions. Certain marijuana offenses may now be wiped out under the new law. Before you submit an expungement application, you should be aware of the following.

The deadline for petitions is July 12, 2021. Beginning on July 12, 2021, petitions can be submitted. The new statute will take some time for the courts to adapt to. In order to be prepared to file your petition on July 12, 2021, if you are eligible, it is wise to begin arranging it now.

Only some arrests, charges, rulings, and convictions can be expunged.

• Possession, consumption, or transportation of 2.5 ounces or less of marijuana, of which not more than 12.5 grams were in the form of marijuana concentrate, is the only sort of marijuana conviction that qualifies for expungement.
• Possessing, moving, or growing six or fewer marijuana plants for personal use at the person’s primary residence
• Having, carrying, or using marijuana-related accessories

Petitions Can Be Filed by Defendants, Defense Lawyers, and Even Prosecutors

Expungement can only take place if a petition is submitted. Expunction is not a given. On your petition, the court “may hold a hearing.” Therefore, it’s crucial to have all of your information correct before filing.

Large-Scale Marijuana Transportation Convictions Are Not Subject to Expungement

You are not eligible to have your arrest or conviction voided under the new law if your case involved many pounds of marijuana being transported or possessed for sale.

Courts will be compelled to dismiss charges that are still ongoing and meet the requirements for expungements in addition to expunging convictions.

Regulation and Licensing

A transaction privilege tax (TPT) license and a Marijuana Excise Tax (MET) registration number are necessary if your company sells marijuana or marijuana-related products (see definitions). A MET registration number must be obtained in order to demonstrate ADHS licensing. Online registration for MET is not possible.

Furthermore, if you already hold a medical marijuana license, you must submit an application to change your TPT license to reflect your new business venture. Alternatively, if necessary, you must register as an adult use marijuana retail establishment in order to file your retail TPT and excise tax returns.

Arizona levies a transaction privilege tax (TPT) on marijuana sales for both medical and recreational use. Additionally, a 16% excise tax is levied on marijuana sales for adult consumption.

You must submit the Medical, Adult Use, or Dual License Transaction Privilege/Use/Excise Tax Application (JTM-1) paper registration form to get your MET registration number and get your TPT license. Application for the transaction privilege tax, use tax, and MET registration number must be made using Form JTM-1. Additionally, it can be used to sign up for unemployment insurance and employer withholding. Online registration is not possible; paper registration is required. TPT licenses must be renewed yearly and are good for one calendar year.

In order to report medical marijuana sales under Business Code 203 and adult use marijuana sales under business code 420, you must submit Form JTM-1 if you already hold a TPT medical marijuana license (no additional fees will be charged). The 16% excise tax will then be reported using a new excise tax registration number (MET Registration Number). There is no registration charge for the MET. The registration must be emailed to AZTaxHelp@azdor.gov because it cannot be completed online.

In Arizona, Do I Need a Lawyer for a Marijuana Offense?

It is crucial to contact a qualified Arizona drug attorney straight away if you have been detained for any marijuana-related crime in that state.

You might find it useful to seek legal counsel if you want to better understand both the legal process and the views of your community concerning drug possession prosecution.