Arizona Proposition 207 to Take Effect July 12, 2021

The November, 2020 election saw Arizona voters approve Proposition 207. A bill supporting the legalization and decriminalization of marijuana use in the state. Arizonans, age 21 and over, began purchasing marijuana for recreational use back in March. And effective July 12, 2021, people with eligible marijuana related arrests and/or convictions will be able to expunge those charges from their criminal record.

The War on Weed

By now most of us have heard about the most brutal war to ever be exacted on Black Americans - the U.S. War on Drugs. The war was first waged in 1970 by then-president Richard Nixon. It was promoted to the public as an effort to decrease or prevent young Americans from using and becoming addicted to powerful and dangerous street drugs. Jim Crow laws coupled with stringent drug laws that allowed no-knock warrants and called for lengthy mandatory sentences for drug convictions served equivalent to direct bomb strikes on the Black community.

Even now, when we imagine the brutal event responsible for incarcerating almost 20% of the Black American population, we envision a scene out of New Jack City. An old 90's movie where crack addicts roamed the earth like zombies. Back alleys filled with sellers and users of the more illicit and destructive crack, heroin or meth.

The true casualties of the war against illegal drugs appears to be hundreds of thousands of people arrested for possessing marijuana.

In 2006, 44% of approximately 1.9 million drug arrests were for marijuana possession. As recently as 2019, over a third of all drug arrests were for possession of marijuana. That year possession for marijuana arrests exceeded arrests for possession of heroin, cocaine and crack. Thirty years after it's onslaught, the nation is still engaged in a drug war. Now the war is on weed.

Expunging Marijuana Convictions in Arizona

The voter approval of Arizona Proposition 207 signifies a truce in the War on Weed for adult marijuana users in the state. Prior to the 2020 election, arrests and convictions for possession of even small amounts of weed were treated as felonies by state prosecutors.

Measures from Prop. 207 will be especially beneficial to those suffering from criminal background issues as a result of marijuana related arrests or convictions.

Effective July 12, 2021 people who have been arrested, charged and/or convicted of eligible marijuana and related paraphernalia possession, consumption or transportation offenses are eligible to apply to vacate those Arizona state and/or local criminal charges from their record.

Applications and other forms necessary for applying for expungement are available on the Arizona Courts - Self-Service website.

This article is for informational purposes only and does not contain, suggest or attempt to provide legal advice.