Times are changing in the Grand Canyon State. Once a conservative, red bastion, Arizona now qualifies as a purple state. Attitudes towards marijuana legalization have also changed. Proposition 207, a referendum on the legalization of recreational cannabis use and sale, passed by a 60%-40% margin. As of November 30th, 2020, Arizonians and visitors may legally possess up to one ounce of pot for personal use.

Because medical marijuana has been legal in Arizona since 2010, an infrastructure of dispensaries and grow facilities already exists. The state is in the process of granting recreational sale licenses to dispensaries, and many marijuana business owners in Arizona are confident they will be authorized to sell recreational pot by 4/20/21, a holiday in cannabis culture.

Many states that legalized recreational use after medical use suffered from initial shortages when recreational sales began. It appears this will not be a problem in Arizona. Marijuana businesses increased supplies prior to election day in anticipation of Proposition 207 passing. Owners of marijuana businesses are confident there will be no supply interruptions.

The new law is a boon for the marijuana industry in Arizona, which provided nearly all the funding for Proposition 207s promotion. Medical marijuana patients will also be able to buy pot without a medical card, resulting in cost savings for them.

People with felony records for marijuana possession also benefit from the new law’s criminal record expungement process. Those convicted of low-level possession are eligible to have their records cleared of any marijuana possession convictions.

Proposition 207: The Basics

The new law makes it legal for anyone over 21 years of age to possess up to one ounce of marijuana. One ounce is considered a low enough quantity that personal use can be assumed. Larger amounts can still lead to a drug possession arrest because they indicate an intent to illegally deal the drug.

Though sales of marijuana will become legal, only licensed dispensaries can sell it. Anyone selling marijuana without a license would in essence be treated like a moonshiner. The substance is only legal if manufactured and sold according to state regulations.

Citizens may also possess up to six marijuana plants in their home. Whether six plants that exceed one ounce are legal remains an open question.

Some advocates have also raised concerns about concentrates. Marijuana concentrates are products with higher levels of THC versus regular pot. These can include edibles, cannabis oils and cannabis waxes. How concentrates are treated by the state could come down to the policies of each county attorney.

For example, after medical marijuana was legalized in the state, then Maricopa County Attorney Bill Montgomery circumvented the legalization by setting a policy allowing his office to pursue criminal charges against medical marijuana users who possessed concentrates. In one case, he brought charges against a medical marijuana user for possessing one piece of cannabis candy.

The policies of county attorneys may dictate whether defendants face prosecution for technical legal violations, such as having six plants that yield slightly more than an ounce or a concentrated product with higher THC.

The Marijuana Record Expungement Process

Perhaps most importantly, those who have been convicted in Arizona courts for minor marijuana possession are eligible for complete expungement of those records. Considering the impact a conviction has on some people’s lives, the passage of Proposition 207 offers a path to a brighter future.

Under the new law, those convicted of certain marijuana offenses can apply for expungement in court. The law considers those who apply for expungement eligible unless the state can prove otherwise. It keeps the onus on the prosecutor’s office to contest the petition. If prosecutors fail to contest within 30 days, the conviction is automatically expunged.

As with the issue of concentrates and plants, the policies of the county attorney’s office has a great deal of impact on how the state responds to the petitions. Some county attorneys may create a universal and automatic process for petitioners and rarely if ever contest petitions for personal use marijuana possession expungements. Others could take a more aggressive approach and focus on the letter of the law, looking for reasons to contest each petition.

The state legislature may pass bills that close loopholes and make it easier for petitioners to gain their expungements.

Particularly for those with felony marijuana possession convictions, making the expungement process more straightforward will have a great effect. Many have difficulty finding jobs, renting apartments or gaining access to important government programs, such as welfare and student loans. The new law intends to remove these barriers for people who possessed marijuana for their own personal consumption.

Driving and Legal Marijuana Consumption

Proposition 207 treats Marijuana use and driving the same way the law views intoxication and driving. For both marijuana and alcohol, it is illegal to drive if you are impaired to any degree. Essentially, driving with marijuana in your system is legal insofar as you suffer no impairment from the drug, but even a slight negative effect on your driving from pot can result in arrest.

Arizona may have established .08 as the legal limit for alcohol, but as a matter of law, you can be arrested even when below the legal limit if law enforcement can demonstrate your driving ability was diminished.

A similar doctrine applies to prescription and over the counter drugs. Even if you are taking the prescribed or recommended dose of a legal medicine, if your driving skills are affected to the slightest degree, arrest is a possibility.

With marijuana, no legal limit has been declared, so arrests for toking and driving will depend completely on law enforcement’s ability to prove the driver was impaired as a result of cannabis usage. In court, the burden is on the state to prove impairment due to the influence of cannabis beyond a reasonable doubt. If stopped for suspicion of impairment due to marijuana, remember that anything you say can be used to against you in court. Therefore, decline to answer questions without a lawyer present. It is important to assert in your defense that you were not impaired because of drug use, and any admissions you make could destroy your case.

Marijuana in the Workplace

As in other legalized marijuana states, such as Colorado, Proposition 207 specifically maintains the employer’s right to enforce drug free workplace rules. Workers can think of marijuana use in the workplace as similar to alcohol. It is perfectly legal to be under the influence of cannabis on your own time, but the employer can send you home and take disciplinary action, including termination, if you are under the influence at work.

Employers may also continue drug testing for marijuana. Because cannabis stays in the system much longer than alcohol, there is a higher possibility of testing positive despite the “high” having long worn away.

A positive test depends on how often marijuana is consumed and the type of test. For example, an occasional user may remain detectable for only a few days, while a daily pot smoker could be detectable for up to 90 days. Hair tests can detect marijuana up to 90 days after use, and urine tests from 3 to 30 days. Saliva tests show positivity for up to 24 hours after use, while blood tests are limited to 3-4 hours.

Proposition 207 reflects changing attitudes in Arizona. However, many law enforcement officials and employers remain opposed to its use while driving or in the workplace and may attempt to enforce DUI laws and employer marijuana bans. Because of this, it is important to never assume you are protected from DUI arrest or employment termination because of Proposition 207.