On Nov. 3, 2020, voters in Arizona passed Proposition 207, also known as the Smart and Safe Act. The ballot measure legalizes the adult recreational use of marijuana, specifically by allowing adults 21 and older in Arizona to possess up to 1 ounce (28 g) of marijuana (with no more than 5 grams being marijuana concentrate), and to have up to 6 marijuana plants at their home (with up to 12 marijuana plants in households with two or more adult members.) See A.R.S. § 36-2852
Immediately following the certification of the election, the Maricopa County Attorney’s Office (MCAO) began filing motions to dismiss pending cases in Maricopa County that would have been covered by the new statute, but for the date of crime.
Proposition 207 also allows anyone convicted or adjudicated as a juvenile of certain crimes related to possession, consumption, cultivation, and transportation of marijuana to petition for the expungement of their criminal record. See A.R.S. § 36-2862
Starting on July 12, 2021, individuals can apply for expungement for convictions and juvenile adjudications occurring before the passage of Proposition 207, if the offense was for:
- Possessing, consuming or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate.
- Possessing, transporting, cultivating or processing not more than six marijuana plants at the individual’s primary residence for personal use.
- Possessing, using or transporting paraphernalia relating to the cultivation, manufacture, processing or consumption of marijuana.
The Maricopa County Attorney strongly believes that the will of the voters should be implemented as quickly as possible. The Maricopa County Attorney’s Office will assist people who have been convicted/adjudicated of a crime listed above by filing a stipulated motion to expunge their conviction/adjudication. Therefore, a process has been created for defendants, adjudicated juveniles, or their legal representatives, to ask this office to file a motion with the court to expunge this criminal conviction or adjudication.
Recognizing that there are thousands of applicable cases and that our resources are limited, the Maricopa County Attorney’s Office will prioritize which cases we will file a stipulated motion on. In order for the Maricopa County Attorney’s Office to file a motion on your behalf the following conditions must exist:
- The amount of the drugs involved in the case must be below the amounts stated above (2.5 ounces of marijuana, or 12.5 grams of marijuana concentrate, or 6 marijuana plants).
- Defendant/Juvenile must not have any pending felony cases (or charges submitted to our office to be reviewed for filing felony charges).
- Defendant/Juvenile must not have been convicted of any felony (other than an offense covered by Proposition 207) subsequent to the conviction they wish to have expunged.