Everything You Need to Know About Recreational Marijuana in Arizona

In Arizona, recreational marijuana use was legalized by Proposition 207 in the November election of 2020. Prior to this, medical use was legalized in 2010. The new law means that adults over the age of 21 will be allowed to possess and grow marijuana as long as they follow the certain requirements in place by the government.

Let’s take a more in depth look at what Proposition 207 does for adults, medical participants, dispensaries, and people with current convictions on their records. This will bring some major changes to Arizona and how they handle marijuana cases in their state.

When Will it Become Legal to Possess Marijuana?

You will be able to grow and use marijuana legally in Arizona after all the votes have been completely counted, which will most likely be after November 30th. It could take until March to be able to buy marijuana at any dispensary in Arizona without a medical card, as they won’t even be able to apply for their permits until January.

However, even after the legalization is approved, there will still be some restrictions. For example, you won’t be allowed to smoke in any public area. You are more than welcome to do so in your own home and on your property, you are even allowed to transport it. But you will not be able to smoke in any area that is deemed public.

Possession Rules

With the new law, anyone aged 21 or older will be able to possess up to one ounce of usable marijuana or 5 grams of concentrate for recreational use. If you have a medical card, the law allows up to 2.5 ounces every two weeks, and the ability to grow up to 12 plants on your property.

As for purchasing limits, they are the same as the possession rules. For recreational use, you may only purchase one ounce of marijuana flower or 5 grams of concentrate. For medical use, you may purchase up to 2.5 ounces every two weeks.

What Will Taxes Look Like?

Marijuana will hold a similar tax rate as cigarettes and alcohol at 16% on top of regular sales tax. Money from the excise tax will be used to fund several state agencies and divided between community colleges, police and fire departments, as well as the Highway User fund. The estimated revenue of excise tax is $166.3 million in the first year of legalization.

What About Dispensaries?

There are currently 120 medical marijuana dispensaries operating in Arizona. These dispensaries will be the first to be able to get licenses for recreational sales. There are about 10 licenses available in Arizona that have not yet been distributed to a dispensary. That means eventually there may be as many as 10 more dispensaries opened in Arizona for medical and recreational sales.

If I Have a Marijuana Charge, What Happens Now?

Starting July 12, 2021 people who have been arrested, charged, convicted, or sentenced for possessing 2.5 ounces or less of marijuana will be able to petition to have their record expunged.

If you have a case waiting to go to court, the case will be dropped and erased from your record as long as the only charges on the case are marijuana related. If you are being charged with other things on top, your whole case will not be dismissed, just the marijuana related charges.

What Changes Will Happen to the Medical Card and Program?

There are no changes that are going to be made to the medical program. One advantage, however, is that if you hold a medical card you will not have to pay the excise tax on marijuana. That means you won’t have to pay the additional 16% tax in addition to state and local tax, saving you around $384 over two years at $100 a month.

You will also be able to write off your medical marijuana on your state taxes if you hold a medical card. You will also need to continue to renew your card if your employer cares about marijuana use. Proposition 207 allows legal marijuana use, but jobs can still require a drug and alcohol-free workplace. They do not have to make exceptions for recreational use.

Do You Need to Worry About Shortages?

In March when dispensaries are beginning to sell to non-medical customers, you should expect a few shortages as the dispensaries adjust to the new volume. The dispensaries will try their best to keep enough on hand to reduce any shortages, but it is still bound to happen as it has been seen in other states after they approved recreational use.

Will There Be New Job Opportunities?

Proposition 207 will definitely open some doors for those who are interested in getting into the industry. There are currently 5,500 dispensary agents in Arizona. This number is expected to double by the end of next year.

Rules for Growing Plants

The Smart and Safe Marijuana Act allows residents of Arizona who are over the age of 21 to grow up to 6 plants in their homes, as long as the process takes place in an enclosed area. An enclosed area may be a closet, room, or greenhouse. The site of growth must have a lock on it and is not allowed to be in public view.

People with a medical card may grow up to 12 plants of their own if they are not within 25 miles of a dispensary. Similar to recreational growth, the plants have to be kept out of view and in an area that can be locked.

What Happens if You Are Caught with More Than is Allowed?

If you are caught possessing more than one ounce, but still less than 2.5 ounces, it will be considered a petty offense. This is the same category as a parking ticket. You will need to attend a hearing with a judge to discuss what the repercussions will be.

If a minor is caught possessing less than one ounce, they will be subjected to a $100 fine and four hours of counseling for their first offense. A second offense would also call for a $100 fine, but the counseling is extended to eight hours. If there is a third offense, it will be considered a Class 1 misdemeanor.

Conclusion

When it comes to medical marijuana recipients, there will not be much change to the program. For those who will be partaking in recreational use, there will be more changes. It will be legal to transport one ounce of marijuana, grow up to six plants of your own, and have up to 5 grams of concentrate.

There are still some things that will be considered illegal with Proposition 207. These things include smoking in a public place or driving under the influence. However, people who are currently awaiting a hearing for a marijuana charge will have their cases dropped immediately as long as there were no other charges on the case. Those who have previous convictions will be able to petition for expungement in July of 2021.