Arizona Prop 207 FAQ

Lerner & Rowe Law Group
Arizona Prop 207 FAQ

The legalities of marijuana use changed dramatically with Arizona Prop 207. Now signed into law, Prop 207 (also known as the Smart and Safe Act) has legalized (“decriminalized”) the use of marijuana for recreational purposes. To help you understand what the law does and doesn’t do, the criminal defense attorneys at Lerner and Rowe Law Group have assembled the following Arizona Prop 207 FAQ to answer frequently asked questions about the new marijuana law.

What Does Arizona Prop 207 Do?

Arizona Prop 207 has made it legal for adults 21 and older to possess and use marijuana products. It also allows adults 21 and older to grow marijuana at their homes.

When Does Arizona Prop 207 Go into Effect?

The Smart and Safe Act went into effect on November 30, 2020, following the certification of the Arizona general election.

What Are the Limits to How Much Marijuana I Can Possess or Grow in Arizona?

Workplaces have the right to demand a drug-free environment. Arizonans employed by a business that desires a drug-free workplace can be fired for marijuana use. Please note that Arizona is a “right to work” state and employers can terminate employees for any reason. Prop 207 also does not allow the smoking of marijuana in an open or public place.

Are There Any Circumstances that Prohibit Adults 21 and Older from Using Marijuana Products?

Workplaces have the right to demand a drug-free environment. Arizonans employed by a business that desires a drug-free workplace can be fired for marijuana use. Please note that Arizona is a “right to work” state and employers can terminate employees for any reason. Prop 207 also does not allow the smoking of marijuana in an open or public place.

Can Marijuana Use Result in a DUI Conviction?

Marijuana use prior to or during the operation of a motor vehicle could result in a marijuana DUI charge. Even if the amount used was slight, if a person is determined to be impaired to the slightest degree by Marijuana’s active metabolite they could face serious consequences. If you feel that you’ve been unfairly charged with a marijuana DUI, Lerner and Rowe Law Group’s experienced DUI defense lawyers may be able to help you.

Are Individuals Allowed to Sell Marijuana?

No. Recreational marijuana sales may only take place at a state licensed dispensary. The application process for retail sales is currently underway, with Arizona marijuana dispensaries expected to formally open in April or May 2021 for recreational sales.

Does Prop 207 Change Anything for People under 21?

No. It is still illegal for people under the age of 21 to use, buy, or grow marijuana for recreational purposes.

Does Prop 207 Alter the Rules for Arizona Drug-Free Zones?

No. The proposition does not make any changes to the drug-free zones, as defined by Arizona Revised Statute 13-3411.

Can a Previous Marijuana Crime Be Expunged from My Permanent Record?

Yes. Prop 207 allows for certain marijuana crimes to be expunged. Petitions to expunge qualifying convictions can be filed beginning July 12, 2021. If you would like assistance in getting a marijuana crime permanently removed from your criminal record, please contact Lerner and Rowe Law Group as soon as possible.

Does Arizona Prop 207 Affect Medical Marijuana Users?

No. The proposition does not change the Arizona Medical Marijuana Act of 2010. Arizonans with medical marijuana cards will still receive additional tax benefits and protections that recreational users are not afforded.

Contact Lerner and Rowe Law Group’s Marijuana Attorneys

Lerner and Rowe Law Group’s marijuana defense lawyers hope that you found this Arizona Prop 207 FAQ informative. The new Smart and Safe Act is a significant change for marijuana use in Arizona. As with any new law, there’s bound to be some confusion. Hopefully this Arizona Prop 207 FAQ has made things clearer for you.

If you or a family member need assistance combating a marijuana DUI or would like a marijuana crime expunged from your record, please contact Lerner and Rowe Law Group at your earliest convenience. Our team of dedicated, experienced, and skilled attorneys will do everything possible to assist you. Consultations are free and we offer affordable payment plans.

Lerner and Rowe Law Group is available 24/7 by phone at 602-667-7777 and through the Internet via encrypted contact form and LiveChat. Don’t wait to get a clean slate. Contact us today.