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Arizona Marijuana Laws
What You Need to Know About the New Law
The Arizona Marijuana Law Has Changed!
Future First Criminal Law Owner/Lawyer Zachary Divelbiss talks about the changes with FOX10.
Future First Criminal Law is Here to Help!
Arizona has passed Proposition 207, legalizing marijuana for recreational use. This means individuals facing marijuana charges or with prior convictions may be eligible for dismissal under the new law. Call us today for Sealing Your Record! WE CAN HELP!
Visit our Sealing Records Page for additional information.
New Arizona Marijuana Law
Under Prop 207, Arizona residents aged 21 and older can legally consume and cultivate marijuana for recreational purposes. The Secretary of State certified the approval of Proposition 207 at the end of 2020, making the Smart and Safe Arizona Act effective for regulating adult use and taxation of marijuana in the state. Licensed dispensaries are authorized to sell marijuana under this law.
Here are some key points to know about Arizona’s new marijuana law, also known as the Smart and Safe Act (SSAA) or Prop 207.
Effective November 30, 2020, adults aged twenty-one and older can possess up to one ounce of marijuana, with no more than five grams of it being marijuana concentrate (extracts).
Home cultivation is permitted, limited to six plants at an individual’s primary residence.
Marijuana use remains prohibited in public places such as restaurants, hotels, and sidewalks. Smoking or vaping marijuana in open spaces, parks, and other public areas is not allowed.
Smoking in a public place is considered a petty offense, punishable by a fine but not jail time.
While it is not a crime to be in public under the influence of marijuana, operating a vehicle, aircraft, or watercraft while impaired by marijuana remains illegal, subject to a zero-tolerance rule.
Use of Medical Marijuana
Under the Arizona Medical Marijuana Act, individuals with qualifying conditions such as cancer, HIV/AIDS, and post-traumatic stress disorder can obtain a medical marijuana card.
Minors with qualifying conditions can also use medical marijuana, provided that their legal guardian or parent serves as their designated caregiver.
Qualifying patients are placed on the medical marijuana registry and issued a registry identification card, which must be renewed annually.
Those with a medical marijuana card have higher possession and purchasing limits compared to recreational users. For instance, they can legally possess up to 2.5 ounces of marijuana or up to 12.5 grams of marijuana concentrate. They can also grow up to twelve marijuana plants at a residence or in an enclosed space.
The Arizona Department of Health Services (ADHS) is responsible for implementing and developing rules and regulations for the Arizona Medical Marijuana Program.
Buying Marijuana Regulations
Qualifying patients under the age of twenty-one are permitted to purchase medical cannabis, while adult-use marijuana purchases are restricted to individuals aged twenty-one and older. Medical patients can buy an amount of cannabis that would result in possessing up to 2.5 ounces (70 grams) within a 14-day period.
Marijuana edibles are limited to a maximum of 10mg of THC per edible and up to 100mg of THC per package of edibles.
Adults can purchase up to one ounce (28 grams) of marijuana with up to five grams of marijuana concentrate from marijuana establishments. Delivery services are currently unavailable, though additional rules may be adopted by the ADHS to permit and regulate recreational marijuana delivery in 2023.
A 16% excise tax, similar to that imposed on cigarettes and alcohol, is levied on recreational marijuana products. Revenue from this tax will fund various state agencies, community college districts, police and fire departments, and the Highway User fund.
The ADHS may issue a recreational marijuana dispensary license to no more than two dispensaries per county with no existing medical marijuana dispensaries, or one recreational dispensary license per county with one medical marijuana dispensary.
Medical marijuana dispensaries can also sell recreational marijuana to adults, and those possessing a recreational marijuana dispensary license can operate both medical and recreational establishments at the same location. However, marijuana products resembling brands marketed to children or resembling humans, animals, insects, fruits, toys, or cartoons are prohibited from sale.
Potential Charges and Penalties for Marijuana Possession
Possessing more than one ounce but less than 2.5 ounces of marijuana would constitute a civil offense, punishable by a $100 fine. For minors caught with less than one ounce, a first offense would result in a fine of up to $100 and four hours of drug counseling.
A second offense of marijuana possession (more than one but less than 2.5 ounces of marijuana) could lead to eight hours of drug counseling. However, a third offense would be classified as a Class 1 misdemeanor. If convicted, potential penalties could include up to six months of jail time.
Other Important Marijuana Provisions
Testing Requirements: Cannabis cultivated and processed in Arizona must undergo rigorous testing at marijuana testing facilities. These tests assess the presence of harmful contaminants such as pesticides and molds to ensure consumer safety.
Employer Policies: While recreational marijuana use and possession are legal for adults in Arizona, employers retain the right to maintain drug-free and alcohol-free workplaces. Consequently, individuals may face termination if found in possession of recreational cannabis or if they report to work while under the influence of marijuana. Marijuana laws do not offer protection against employment termination in such scenarios.
Federal Law Implications: It’s essential to remember that despite Arizona’s legalization of marijuana possession, it remains a punishable offense under federal law. Possession of any amount of marijuana is categorized as a misdemeanor for both first and second offenses. Penalties may include significant fines and jail time, with a maximum of up to a year for the first offense and up to two years for the second offense.
Recreational Marijuana Charges and Outcomes Under the New Law
As of July 12, 2021, individuals previously convicted of marijuana offenses, such as possessing less than an ounce of marijuana, six or fewer plants, or marijuana paraphernalia, can now petition to have their records expunged.
In a significant move, the prosecutor in Arizona’s largest county has decided to drop all pending charges for recreational marijuana use by adults following the legalization of recreational marijuana use by Arizona voters. This makes Arizona the 13th state to legalize marijuana.
In a written statement, the Maricopa County Attorney’s Office stated, “Instead of continuing to spend resources on these cases, this office will begin implementing the will of the voters immediately.”
If you have faced conviction or charges related to marijuana, it is crucial to seek guidance from an experienced Phoenix criminal defense lawyer promptly. Under the new Arizona law, individuals with prior convictions or charges are eligible to have their cases dismissed and their records expunged. Contact us today for a free consultation if you have questions about the new laws or need assistance.
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At Future First Criminal Law, we provide strong DUI and Criminal defense representation, distinguishing ourselves as a top choice in the Phoenix area. Focusing on a limited number of clients allows us to offer personalized attention to each case, understanding its unique intricacies. Acknowledging the high stakes involved, our devoted team diligently develops strong defense strategies tailored to each client’s needs, ensuring effective representation in court. Our goal is to level the playing field in the criminal justice system and help individuals avoid incarceration by offering valuable legal insights and unwavering support throughout the legal process. Committed to empowering our clients, we help navigate the complexities of the legal system to achieve favorable outcomes.
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Experienced Top-Rated Arizona Lawyers Positively Impacting Lives Through Effective Legal Advocacy - Protecting Your Rights and Your Future
Future First Criminal Law is your top choice for strong DUI and Criminal defense representation. With a focus on a limited number of clients, we dedicate our full attention to each case, ensuring personalized and effective legal solutions.
Why Choose Us?
- Client-Centric Approach: We understand your future is at risk and your well-being is our priority. We tailor our defense strategies to your unique circumstances, devoting time and attention to each client. We work diligently to develop a personalized, thorough defense giving you the best possible outcome.
- Reasonable Flat-Fee Pricing: No hourly rates. Our flat fee is determined by the charge and the complexity of your case.
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- Dedication to Defense: Our commitment to DUI & Criminal defense ensures we provide you with informed advocacy and steadfast representation.
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If you're facing DUI or other Criminal charges in Arizona, it's crucial to enlist the help of an experienced criminal lawyer. At Future First Criminal Law, we're dedicated to safeguarding your rights and freedoms. Contact our legal team today to schedule your free phone consultation and take the first step towards a successful defense.
Joshua Black - Attorney
“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”
Alex
"⭐⭐⭐⭐⭐ 10 Stars first of all I want to say thanks to God for these great lawyers that help me in my DUI case I want to say thank you to Trevor for being 100% professional and their team of lawyers Andrea thank you Megan thank you. On the day of my court date I was really nervous but when I seen my lawyer Zach he was really professional give me good advise. I thought I was going to lose my job but Zach my lawyer help me reduce my jail sentence to less time I just want to say thank you for being so professional Zach great lawyer 100% I recommend him to anyone that needs help with their DUI cases and doesn't matter what kind of DUI they will help you out a lot I will give them not only 10 Stars but a hundred more thank you future first criminal law I recommend them to anyone thank you."
Dean
"Future First Criminal Law exceeded my expectations, on my first court appearance an old charge came up out of no where and the judge wasn’t going to let me leave. Ed got right on his phone and got it all cleared up! It is always best to have a private lawyer especially with criminal charges, the outcome will always be better and I highly recommend future first. Ed made a personal video breaking down my charges, the discovery, and my plea offer step by step. If you are questioning whether or not to get a lawyer, future first is the way to go 100%. You can’t put a price on freedom!! Thanks Ed!!!!"
Taz
"They helped me tremendously, I had some extreme charges for my DUI and assault case, they got me the best deal I could get. 1 day jail time. Based on what I couldve spent. They have a great team, they communicate well with you an guide you thru your entire ordeal. Ed Robinson was my lawyer. I highly recommend them!!"
Jesse
"Future First Criminal Law is an excellent firm. They helped me out with a case I had. They are friendly throughout the whole process. They are professional, thorough, and I would definitely recommend them to anybody who’s in need of their services. They also allowed me to set up payment plans which was greatly appreciated. Working with them took a lot of stress, and weight off the whole situation. I just recently had them help me with my set aside as well. Thank you Future First Criminal Law."
Tyler
"Zach and his team were great! Right away after we spoke to Zach we felt a sense of relief from all of our worries and concerns. Being in a position to find an attorney isn’t always a fun thing to do. Thank you Zach and your entire firm for your constant updates and great communication. You never left us in the dark or wondering when we might have our questions answered. We will certainly refer your firm to anyone we know looking for your services. Thank you, for all your time and efforts for our case."
Adam
"If I could rate Future First Crimal Law higher I would. After making the dumb mistake of getting a DUI they have been there for me every step of the way. There is nothing worse than going at this alone. You want someone in your corner during this stressful time and no one is better than Zach and his team there. They walk you through everything, keeps records of a what you need to do for the courts and sends it to them, and gets you the best case scenario sentence. Without them the consequences would’ve been much worse so very thankful to the team."
Zat
"I am so grateful for the service I was given by all the Team of Future First Criminal Law and particularly Attorney ED Robinson, from the Day one of my appearances until the sentencing he was there encouraging me and the Defense he has taken on my behalf has made me more confident and all my stress and Depression was gone, I’m so thanks full for helping me in this terrible situation. I’ll be suggesting you to everyone in my situation. God Bless Future First Criminal Law; God Bless Attorney ED Robinson."
Celeste
"I would just like to express the life changing help and support I received from the legal team at Future First! The endless hours and resources spent by these legal professionals really made a significant impact on my life. I’m so grateful for the help of the legal system and experts whom treated my case like it was their own. I truly know that they can do the same for you! Thanks again to everyone at Future First, words can’t even begin to express my gratitude for getting me the best possible outcome! Happy holidays. I’m happy to be spending mine with friends and family while continuing to be a contributing member of society."
Josephine Hallam - Attorney
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
Dustin
"This team are absolute rockstars!!! They resolved my legal endeavors in a timely & affordable manner. Not only did they do everything I needed…but they basically took the reins with no inconvenience to myself and were on the ball with every step. I highly recommend their expertise!"
Ryan Renauro - Criminal Defense Attorney
"I can't say enough good things about Zachary. I have had the privileged to meet him through professional channels and he has helped me out a ton with the knowledge he possesses, his experience, and his kind heart and willingness to go the extra mile to help."
Future First Criminal Law stands as a seasoned legal team ready to assist with DUI and Criminal charges in the Phoenix Metro area. Discover how our team can be instrumental in navigating through your legal challenges.