Maricopa and Yavapai County, Arizona to Begin Dismissing Marijuana Charges Immediately
Proposition 207 passed in Arizona during the November 2020 election cycle. Under Proposition 207, Arizona legalized marijuana possession, cultivation, and sales from licensed businesses. Since its passage, county attorneys in at least two Arizona counties have pledged to dismiss pending marijuana charges that have been decriminalized under Proposition 207.
What is Proposition 207?
The November 2020 ballot included Proposition 207. Proposition 207, or the Marijuana Legal Initiative, is an initiative asking Arizona voters to approve the Smart and Safe Arizona Act.
The Smart and Safe Arizona act calls for several radical changes to the way Arizona currently deals with marijuana related crimes. Prior to the passage of Proposition 207, Arizona was one of the only states that classified even a low level marijuana possession charge as a felony. This meant that people charged with possessing even small amounts of marijuana could potentially face large fines and years in prison.
Proposition 207 sought to change that by asking voters or vote “yes” or “no” to the following:
A “yes” vote supports this ballot initiative to legalize the possession and use of marijuana for persons who are at least 21 years old, enact a tax on marijuana sales, and require the state Department of Health and Human Services to develop rules to regulate marijuana businesses.
A “no” vote opposes this ballot initiative, thus keeping the recreational possession and use of marijuana illegal under state law in Arizona.
By a 60–40 margin, Arizona voters approved Proposition 207 making Arizona the 15th state, plus the District of Columbia, to legalize marijuana. Proposition 207 will not officially become law until all the ballots have been counted and received certification from the Secretary of State, likely to occur at the end of November. After certification of the ballots, Governor Doug Ducey will issue a proclamation which writes Proposition 207 into Arizona law.
Changes to Arizona Marijuana Laws under Proposition 207
Under the Proposition 207, numerous changes would be made to the way in which the state handles marijuana crimes. Notably, Proposition 207 would do the following:
- Legalize up to one ounce of marijuana for adults who are 21 or older to buy and possess marijuana,
- Legalize the cultivation of up to six plants for personal use and up to 12 plants if you live in a household with two or more people of 21 years of age or older,
- Authorize the Arizona Department of Health Services to create regulations and issue licenses to businesses to operate recreational marijuana dispensaries,
- Allows for medical and recreational marijuana to be sold from the same dispensary, so long as the dispensary receives a license,
- Enacts a 16% excise tax on all cannabis sales sold at licensed dispensaries,
- Bans marijuana in public places such as parks, restaurants, and sidewalks.
Pending Marijuana Charges
Since the passage of Proposition 207, at least two counties have come forward stating that they will begin dismissing all pending and unfiled marijuana charges.
Maricopa County
The Maricopa County Attorney’s Office says it will begin “implementing the will of the voters” by dismissing all pending and unfiled charges for “possession of marijuana and any associated with paraphernalia charges” immediately.
The Office took action by instructing its Deputy County Attorneys to file motions to dismiss for any marijuana charge that would have otherwise been covered by Proposition 207.
The new protocol out of Maricopa County will be widely implemented with cases pending in Early Disposition Court, cases currently in diversion or pending trial, and those which are set for sentencing or probation violation hearings to be included in the Office’s motions to dismiss.
The Maricopa County Attorney’s Office Communications Director, Jennifer Liewer has stated that under this new protocol, thousands of cases are qualified for dismissal.
Currently, Maricopa County has about 6,000 cases with charges that are covered by Proposition 207 and eligible for dismissal and around 1,000 charges that had been submitted prior to the November 3rd election have not yet been filed.
In addition, Liewer reported that there are about 3,500 bench warrants that the Maricopa County Attorney’s Office must review which include charges of marijuana and 1,400 charges are “in the preliminary hearing state, meaning we have filed the case and are waiting for a determination of probable cause.”
Around 180 cases which cover a Proposition 207 charge are currently in the trial phase and are also eligible for dismissal.
Liewer also cautioned that “a significant number” of the cases eligible for dismissal are not stand-alone marijuana charges. In other words, they include other felony charges. Liewer said that only the marijuana charges will be dismissed under Proposition 207, but the other felony charges will remain pending.
Given the vast amount of cases Maricopa County must work through to dismiss, Liewer said that priority will be given to those in custody and those with court dates.
Yavapai CountySimilarly, the Yavapai County Attorney’s Office announced it will also begin to dismiss marijuana related charges that would have otherwise been covered by Proposition 207.
Comparable to Maricopa County, Yavapai County will dismiss all charges for possession and paraphernalia that would have fallen under Proposition 207 where those cases are pending in Early Disposition Court, pending trial, or scheduled for sentencing or probation violation hearings. The Yavapai County Attorney’s Office has not yet confirmed how many cases this will include.
Notably, not all marijuana related charges will be dismissed or legalized under Proposition 207. For example, County Attorney Sheila Polk has stated her intention to continue prosecuting DUI charges, stating that Arizona “DUI laws still upholds that drivers cannot be impaired to the slightest degree.”
A Good Sign for Other Arizona Counties
At the time of this writing, no other Arizona county has expressed their intent to dismiss any pending marijuana charges.
Yavapai County Attorney, Sheila Polk, however had a longtime anti-marijuana reputation as she believes that legalizing recreational marijuana increases the usage rate among those under 21 years old.
However, Polk has decided to respect the will of the voters and has gone forward with dismissing marijuana related charges in Yavapai County. Perhaps other counties will follow her lead.
A Note on Prior Marijuana Convictions
For those who have had a marijuana charge already turn into a conviction, Proposition 207 maintains that individuals who have been convicted of, arrested for, or charged with certain marijuana related crimes may have their conviction expunged from their record. To have a conviction expunged means that the individual will have the conviction erased from their criminal record.
Crimes which may be expunged include possessing, consuming, or transporting one ounce or less of marijuana, cultivating no more than six marijuana plants from an individual’s primary residence, and possessing, using, or transporting paraphernalia related to cultivation, manufacturing, processing, or consumption of marijuana.
Contact an Attorney for Representation
Since the passage of Proposition 207, many people with both convictions and pending charges have an opportunity to clear their criminal records from the marijuana charges. Navigating their case however may be complex because the law is only recently developed. Finding a practiced and disciplined criminal law attorney could be the first step to having your charge dismissed.
