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Prop 207 Has Arizona’s Biggest County Tossing Out Marijuana Cases

Proposition 207

By Associated Press

(AP) — The prosecutor’s office in Arizona’s most populous county announced that all pending cases for possessing an ounce or less of marijuana will be dismissed after the state’s voters approved the Proposition 207 ballot measure to legalize marijuana.

The announcement from the Maricopa County Attorney’s Office said the decision would also apply to cases for possessing paraphernalia and marijuana concentrates covered under the new law, the Smart and Safe Arizona Act.

Nearly 60% of voters who cast ballot this month backed the measure eliminating all criminal penalties for simple marijuana possession. The new law takes effect when election results are certified in December, but the county attorney’s office said that it would begin implementing the will of the voters immediately .

“We don’t want people getting arrested or sitting in jail on a charge that Arizona voters believe is no longer a crime,” said county attorney’s spokeswoman Jennifer Liewer.

Liewer did not have an immediate estimate for the number of people who will have their cases dismissed.

Deputy county attorneys are being instructed to prioritize dismissing cases for people who are in custody or have court dates set. Arrest warrants for people who did not show up in court will also be dismissed. People facing additional charges will still have to answer on those cases, but the marijuana charge will be dismissed.

Arizona was the last state to allow felony charges for simple marijuana possession.

The ballot measure also set up a process for legally selling marijuana. Sales by licensed retailers could start in May and people will be allowed to grow their own plants. People 21 and older can possess up to an ounce (28 grams) of marijuana or a smaller quantity of “concentrates” such as hashish.

Approval of the cannabis measure came four years after Arizona voters narrowly defeated a recreational cannabis legalization proposal. Arizona Governor Doug Ducey and fellow Republicans in the Legislature had refused to change Arizona’s tough cannabis laws.

Voters in New Jersey, South Dakota and Montana also voted to make possessing recreational marijuana legal.

View Arizona’s new recreational marijuana law.

AP Photo Matthew Brown



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