While medical use of marijuana has been legal in Arizona since 2010, voters have, until the election this month, resisted going further. Unlike Washington and Colorado, which became the first states to legalize marijuana for recreational use, Arizona rejected the concept as recently as 2016. That year, Proposition 205 (2016) was defeated, when only 48.7% of the voters approved the measure.
Well, a lot has happened in four years, and the view of the Arizona voters on the marijuana issue is one of them. Earlier this month, Proposition 207 (2020) was approved by the voters of the state. The difference in the voting between this month and four years ago was significant – the current measure was approved by about 60% of the voters.
Changes Under Proposition 207
Here are some of the more significant changes as the result of the passage of Prop 207 in Arizona:
- Possession and use of marijuana by adults (those who are 21 years of age or older) is now legal, within certain limits.
- Individuals may grow up to six marijuana plants at their residence, provided that the plants are in an enclosed and lockable area and are beyond the public view.
- Licensing and other rules regulating marijuana will be adopted by the Arizona DHS. They will include the licensing of retail stores, cultivators, and production facilities.
- A 16% sales tax will be imposed on marijuana sales. That revenue will be divided among a number of different state and local facilities.
Expungement of Existing Marijuana Convictions
The act also allows anyone who was previously convicted of certain offenses that relate to possession, use, cultivation, and transportation of marijuana to petition the court for expungement of the record of the conviction, beginning in the middle of July of next year.
What Doesn’t Change Under Prop 207?
Proposition 207, while legalizing the use of marijuana for recreational purposes, does so in a limited fashion. It does not legalize possession of large amounts of the drug, nor does it legalize large scale production of or “dealing” marijuana – legal sales will be through licensed retailers, who obtain marijuana through licensed cultivators.
Finally, and perhaps most importantly, the change in the marijuana law does not legalize driving under the influence of marijuana.
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