It’s been a long time coming, but marijuana legalization and expungement will finally be a reality in Arizona in 2022. This is huge news for the state, as it will not only provide much-needed relief for those with past marijuana-related offenses but also generate new revenue through taxation of legal sales.
There are still some details to be worked out, such as how exactly the expungement process will work and what tax rate will be applied to legal sales, but overall this is excellent news for Arizona residents. If you or someone you know has been affected by marijuana-related offenses in the past, keep an eye on developments over the next year or so to see how you can take advantage of this historic change.
Marijuana Drug Charge Expungements and Set-Asides
The following is a list of marijuana drug charges that will be eligible for expungement in Arizona
-Possession of Marijuana (less than 2.5 ounces)
-Possession of Marijuana Concentrate (less than 1 gram)
-Possession of Marijuana Drug Paraphernalia
-Use or Possession of Marijuana on School Grounds (if the person was 21 years old or older at the time of the offense)
-Cultivation of Marijuana (up to 12 plants)
-Transportation or Sale of Marijuana (less than 2.5 ounces)
If you have been convicted of any of the above charges, you will be eligible to have your record expunged starting in 2022. This means that the charge will be removed from your criminal record and you will not have to disclose it to potential employers or landlords.
In Arizona, where recreational marijuana became legal, expungement is possible but not automatic. For example, in Texas, even first-time offenders with nonviolent Marijuana possession charges can have their records automatically cleared. Arizona does not have such an automatic system, so people will need to go through the process of petitioning the court for expungement.
To have your record expunged, you will need to file a petition with the court and provide proof that you have completed any sentence or probation requirements associated with the conviction. Once the petition is granted, the charge will be removed from your record.
If you are currently serving a sentence for a marijuana-related offense, you may be eligible for early release under the new law. If you are on probation for a marijuana-related offense, your probation may be terminated early. Speak to your lawyer about whether you are eligible for early release or termination of probation.
Changing Arizona’s Criminal Justice System With Marijuana Laws?
Legal recreational and medical marijuana laws have had a significant impact on the criminal justice system in Arizona. The passage of these laws is a major step forward in changing Arizona’s criminal justice system. For too long, people have been incarcerated for nonviolent offenses, such as possession of small amounts of marijuana. This has led to overcrowding in our jails and prisons and has disproportionately impacted people of color. Proposition 207 includes a new statute (A.R.S. § 36-2862) that authorizes some people to petition a court for an order that will seal their marijuana-related criminal records. Prop 207 passed during the November 3 General Election with about 60% of voters in support.
By legalizing and expunging past marijuana offenses, we are taking a major step towards reducing mass incarceration in Arizona. We are also sending a message that we no longer want to punish people for possession of a substance that is now legal. This is an important step in creating a fairer and more just criminal justice system.
What’s The Difference Between Prop 207 Expungement and Setting Aside Convictions?
The legalization of marijuana under Proposition 207 will allow people with certain past marijuana-related offenses to have their records expunged. This means that the charge will be removed from your criminal record and you will not have to disclose it to potential employers or landlords.
In contrast, a conviction set aside does not remove the conviction from your record. However, it does allow you to legally say that you have not been convicted of a crime if you are asked about your criminal history on an employment or housing application.
If you are eligible for both an expungement and a set aside, you can choose which one you would like to pursue. Speak to your lawyer about which option is best for you.
How Can I Get My Record Expunged?
If you have been convicted of a marijuana-related offense, you will be eligible to have your record expunged starting in 2022. This means that the charge will be removed from your criminal record and you will not have to disclose it to potential employers or landlords.
To have your record expunged, you will need to file a petition with the court and provide proof that you have completed any sentence or probation requirements associated with the conviction. Once the petition is granted, the charge will be removed from your record.
If you are currently serving a sentence for a marijuana-related offense, you may be eligible for early release under the new law. If you are on probation for a marijuana-related offense, your probation may be terminated early. Speak to your lawyer about whether you are eligible for early release or termination of probation.
What Happens if I Don’t Get My Record Expunged or Set Aside?
If you do not have your record expunged or set aside, it will remain on your criminal record and will be visible to potential employers and landlords. This can make it difficult to find a job or housing.
What Does This Mean for the Future of Marijuana in Arizona?
The legalization of marijuana will open up a new industry in Arizona. This will create jobs and generate new tax revenue for the state. It will also provide relief for those who have been impacted by past marijuana-related offenses.
We can expect to see a lot of changes in the next few years as the legal marijuana industry gets up and running. There will be new businesses, new products, and new jobs. This is an exciting time for Arizona, and we can’t wait to see what the future holds!