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marijuana in arizona prop 207

Now What? Your Questions Answered Regarding The Legalization Of Marijuana In Arizona

With the historical passing of Proposition 207 through the Smart and Safe Act, Arizonans are left with many questions concerning the who, when, why, where, how, and what this might mean for them. From legal implications to logistics, the impact will be far-reaching and affect individuals as well as businesses. Below are some of the most common questions people ask about what comes next with the legalization of marijuana in Arizona.

What is the legal age for purchasing marijuana in Arizona?

Adults age 21 and older can now purchase weed legally.

On what day can I legally possess weed in Arizona?

Today. On November 30, 2021, the election results became official, and so did your right to legally have marijuana on your person. You can have up to 1 oz of marijuana less than 5 grams or less concentrated on you at any given time.

On what day can I legally grow marijuana in Arizona?

Today. When the election results were confirmed, you became legally able to grow up to six plants at home. If two or more adults live at your home, you can legally grow up to twelve plants.

As a recreational user, will I be able to buy weed at a medical marijuana dispensary?

Yes, eventually. Arizona is currently developing rules for these dispensaries and the logistics of how they will operate. Dispensaries who are used to selling only medical marijuana will have to adjust accordingly and, as soon as they are ready to do so, anyone will be able to purchase from them.

When can I buy marijuana from any Arizona dispensary?

Because existing dispensaries are already licensed through the Arizona Department of Health Services, they will be the first to sell recreational marijuana to any adult. Those dispensaries will be operating ahead of others who have to submit an application for licensure beginning on or after January 19, 2021. The state of Arizona is required to answer those applications within 60 days, which means dispensaries will be up and running around mid-March. If businesses do not hear back from the state in the allotted time by chance, unlicensed dispensaries will likely start selling anyway. Regardless, there is extra anticipation in Arizona this year for the annual cannabis celebration, "420."

What can and cannot I buy at an Arizona marijuana dispensary?

You CAN purchase:

  • Marijuana Flower
  • Edibles
  • Concentrates
  • Vape Pens
  • Paraphernalia

You CANNOT purchase:

  • Any product with a name that intentionally markets to children
  • Edibles with a potency over 10 mg of tetrahydrocannabinol (THC) per serving
  • Edibles shaped like cartoons, animals, toys, humans, or fruit

Where are Arizona marijuana dispensaries located?

Legal dispensaries are scattered throughout the state of Arizona. Although the list is expected to grow, you can find a list of current operating dispensaries here.

Can employers still test for marijuana use?

Nothing changes regarding the right of your employer to require drug tests. Businesses are free to hire and fire based on their results, something to consider before you head to the dispensary. Federal contractors or jobs that are safety-sensitive can deny employment to medical marijuana users. However, others who use weed medicinally are still protected under the Medical Marijuana Act and cannot be fired or sanctioned in any way by their employer.

What happens if a person is undergoing prosecution for possession of marijuana right now?

The decriminalization of marijuana was a primary reason for the passage of the new law, and there is good news for those with legal troubles related to marijuana. For example, Maricopa County has already stated they will drop immediately any unfiled or pending charges for possession.

But generally speaking, across the state, if possession was under 12.5 grams of concentrates or less than 2.5 grams of flower, a person currently under prosecution can have their case dismissed by immediately filing a court motion to do so. This is also true for anyone under prosecution for paraphernalia-related charges or for having six marijuana plants. It's important to note that prosecutors' legal standard to convict states that they must have "clear and convincing evidence." This somewhat vague verbiage leaves the door open for an easier path to expungement for many people.

For those who wait, the process may become even easier. A favorable Supreme Court ruling on expunging possession violations could create an even more straightforward process to make their cases go away. This will be good news to many people enrolled in expensive treatment programs or are being denied employment due to a criminal record.

You can find Arizona (and other states) current marijuana laws here.

Will Prop 207 help a person who is undergoing prosecution for marijuana DUI?

Driving while impaired in Arizona is illegal, including driving while impaired under the influence of marijuana. However, determining the number of metabolites in one's system that defines impairment has been heavily debated. In other words, because there is no consensus and no specific level of impairment declared by the National Highway Traffic Safety Administration, DUI defendants will have a better case to make.

How does this affect my medical marijuana card?

The medical marijuana program remains unchanged. If you have a medical marijuana card, you may want to keep it for the tax savings. Recreational weed users will pay a 16% tax on any marijuana they purchase, but medical marijuana cardholders are exempt from paying that tax. Not only do they save by not paying tax on their weed, but they can also write off any purchased marijuana as medicine.

Will Prop 207 cause a marijuana shortage?

Shortages are likely early on, mainly due to testing requirements. Based on the history of other states who have gone through the legalization process, these delays are expected and will be temporary, however.

What kind of jobs will become available because of Prop 207?

  • Dispensary Agent – If you're interested in selling marijuana, you'll need to become a licensed agent. The number of licensed agents is expected to double over the next year, reaching 11,000 or more by 2022. You'll need to have some money to invest, though – significant money. Licenses can cost up to 10 million dollars. If you don't have that to invest in, you might consider looking into "social equity" licensing.
  • Scientists
  • Security
  • Marketing Professionals
  • Marijuana Grower – If you have the knowledge, this is the time to put it to good use.
  • Real Estate professionals
  • General Labor – Any industry that grows as fast as the cannabis industry is expected to in Arizona will need support from transportation and agriculture to selling and customer service.

Where is all the tax money collected by the state for marijuana sales going?

Cannabis and related products sold in Arizona are taxed at 16 percent. That's on top of the 5.6 percent sales tax already in place. So, where does the significant revenue from that extra 21.6 percent tax money go?

The Arizona Department of Health Services will educate and train law enforcement in issues surrounding the new law, and they will receive additional money to do so. All additional tax money collected is earmarked for Arizona Community Colleges, maternal mortality and mental health programs, initiatives to decrease impaired driving, and other needs identified by the state. No money will go to the K-12 education system.