The legalization of marijuana in the United States has been moving at an incredible speed. It seems that every day, states are altering laws regarding the use of controlled substances. While it is easy to get lost in all the legal jargon, Ciccarelli Law Offices is here to help break it down. Reach out to a Chandler criminal defense attorney today to learn more about your rights as an Arizona resident.
The Rundown of State Proposition 207
Arizona Proposition 207, commonly referred to as Arizona Prop 207, was a voter initiative that appeared on the ballot in the November 2020 general election. This statewide legislation was created with the intention of legalizing cannabis for recreational consumption in the state. Arizona voters passed this initiative by a margin of 60-40, leading to the first legal sale of marijuana in January 2021.
Proposition 207 was named the Smart and Safe Act and allows adults over the age of 21 to possess, transport, process, or purchase up to one ounce (or 28 grams) of marijuana. The legislation addresses concentration as well, restricting an individual of up to five grams. This is most often found in the form of oil or wax. Single-adult homes are also able to have up to six cannabis plants at home, while households with two or more adult members are able to possess up to 12.
Restrictions and Penalties for Violating the Act
Violating the amount of marijuana that someone is able to possess up to 2.5 ounces (71 grams) could land someone with a petty offense that carries a fine. Other restrictions include the prohibition of the sale of cannabis products that resemble humans, animals, or children’s toys or cartoons. Possession of marijuana by minors is also made an offense under the Smart and Safe Act. Furthermore, despite the freedom to consume the drug privately, marijuana use is still outlawed in public places. Workplaces are also still able to ban the use of the drug by their employees and applicants.
Tax Oversight and its Benefits for Arizona
The proposition goes further to regulate the drug with governmental institutions. This power was awarded to the Arizona Department of Health Services (ADHS), which is now responsible for the licensing and regulation of marijuana, marijuana growth, retail sales, and testing facilities. Meanwhile, the Arizona Department of Revenue (ADOR) must now collect the excise tax and transaction privilege task on adult-use marijuana sales.
The state reaps a number of taxes from the sale of marijuana and divides it between specific governmental institutions under Proposition 207. Some of these include highways, community college districts, and emergency services.
Direct Your Concerns to Ciccarelli
Many Arizona residents may still be confused about the specifics of Proposition 207, their rights, and other drug-related laws. Should you or your family have further questions or would like to talk to a Chandler criminal defense attorney from Ciccarelli about legal concerns, please reach out to our office by filling out our online contact form or calling (480) 608-9214. Our firm is driven to serve and will do everything in our power to help you to the best of our ability.