What is AZ Prop 207?
During the 2020 election, Arizona voters passed Proposition 207 (“Prop 207”), which will legalize some recreational marijuana use. Generally speaking, Prop 207 will allow the State to license recreational marijuana dispensaries. It will also allow people over 21 years of age to do 3 things:
- possess up to an ounce of marijuana,
- grow up to six marijuana plants, and
- possess paraphernalia used for that marijuana.
There’s more: Prop 207 will give the courts the power to vacate and expunge certain marijuana convictions.
However, Prop 207 is not official until the State has certified the election results. Even then, the Department of Health Service must create the regulations needed to license dispensaries. More importantly, if you want to remove a marijuana conviction, you’ll need to submit a petition to the court.
A Few FAQs about Proposition 207
Does Prop 207 affect my old marijuana conviction?
Prop 207 will allow some people to ask the courts to remove marijuana convictions. For example, people convicted of possessing, consuming, or transporting up to 2.5 ounces of marijuana can ask to remove their conviction. People can also ask to remove a conviction if they were charged for six marijuana plants or less, or for paraphernalia. The problem is, the proposition isn’t clear about which crimes you’d be able to petition be removed. The terms are confusing: “possessing,” “consuming,” or “transporting” could apply to both personal use or possession for sale or transfer.
What do the words “vacate” and “expunge” mean for my possible case?
People often use words like “expunge,” “vacate,” “set aside,” and “dismiss” to refer to the same thing. In the context of Proposition 207, the law allows a court to “vacate” the type of marijuana convictions mentioned above. This means the conviction is thrown out, as if it had never occurred.
When this happens, the Court must also “expunge” the record. This means that the Court, the police, and the prosecutors will seal any record of your arrest, charge, conviction, adjudication, or sentence. In addition, your civil rights will be restored—including the right to possess firearms. Lastly, when you apply for a job, you will be allowed to state that you have not been convicted before, but only if the marijuana crime was your only offense.
If my conviction was “set aside,” should I still ask a court to “vacate” the conviction?
Yes. Because when an Arizona court has “set aside” your conviction, the record of your conviction is still public record. That means it can be used against you if you are charged with another crime in the future. That situation could have severe consequences, because prior convictions can be used to increase your sentence in any new case.
When your conviction is vacated and expunged under Prop 207, though, the records of your arrest and conviction are sealed. Then, the State cannot use that conviction against you in the future, for any purpose.
What other effects does Proposition 207 have?
One of the most notable effects of Proposition 207 is that officers can no longer use the smell of marijuana alone to search you or your property. Before this proposition, the Arizona Supreme Court had held that the smell of marijuana, on its own, could justify a search and seizure. That was surprising, because Arizona had legalized medical marijuana at that time. After the passage and enactment of Proposition 207, if officers only say they smell marijuana, it’s not enough to give them the power to search you, or to search your home.
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