As everyone must be aware, Arizona voters recently passed Proposition 207 and joined thirteen other states in legalizing the recreational use of marijuana. Once the ballot initiative is certified, which is expected to occur in December, marijuana possession will be legal for people over the age of 21. Of course however, there are things people should be aware of to avoid being prosecuted for a marijuana related offense.
Some major highlights of Proposition 207 include:
1. The Age Requirement - Similar to alcohol, only adults aged 21 years and older will be permitted to purchase, possess and ingest marijuana
2. Limitations on Quantity - People who are of age to posses marijuana are limited to one ounce. Additionally, individuals can only possess up to five grams of marijuana concentrates
3. Cultivation Limitations - With the legalization of recreational marijuana use, adults are now permitted to cultivate marijuana plants in their homes. However, cultivation of marijuana is restricted to six plants per one adult or twelve plants in a residence occupied by two or more people over twenty one years of age. Cultivation must occur in a room restricted from public view and properly secured so that minors would not have access.
4. Public Use of Marijuana - Even though recreational marijuana use is permitted, smoking is prohibited in public places such as parks, restaurants, bars, etc.
5. Marijuana DUI - Similar to alcohol, people cannot operate a motor vehicle or boat while impaired to the slightest degree by marijuana. If you are stopped and determined to be impaired based on your driving behavior, performance on field tests, statements or results of a blood or urine test, you can be prosecuted for, and convicted of DUI.
6. Employment - Employers maintain the right to operate a drug free workplace. Consequently, employees can be terminated for being under the influence of, or ingesting marijuana in violation of their workplace regulations.
7. Expungement of Convictions - Beginning in July, 2021, people convicted of possessing a small amount of marijuana for personal use can apply to have their records expunged. This is important as an expungement allows people to answer that they've never been arrested or convicted for a marijuana possession offense when applying for a job, seeking housing, etc.
Aside from the above, people who are currently facing marijuana possession charges involving less than one ounce or six plants can file a motion to have their cases dismissed. In fact, the Maricopa County Attorney's Office has just announced that they will dismiss all pending marijuana possession cases and will not file charges against people for offenses which occurred prior to the passage of Prop 207.
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Defend Your Legal Rights and Reputation
Obviously, the legalization of recreational marijuana use gives people a number of important rights but also can result in arrest and prosecution for violations of the law. if you have been charged with a marijuana possession or sales offense in Tempe, Phoenix, or any other city within Maricopa or Pina County, it is vital that you contact a highly skilled criminal lawyer immediately. Tempe marijuana lawyer Raymond Kimble will recognize available defenses and has been defending people charged with these crimes for many years. Mr. Kimble knows how to prepare a solid defense, challenge the prosecution's evidence and negotiate a reduction or dismissal of the charges. Mr. Kimble can also pursue an expungement of your marijuana conviction in light of Prop 207.
With a seasoned Tempe criminal defense lawyer on your case, you will have your rights protected as your attorney fights to secure a favorable outcome on your behalf. Attorney Raymond Kimble has successfully represented hundreds of individuals throughout Arizona over the last twenty years who have been accused of marijuana related offenses.