What is Prop 207 and How Does it Affect Marijuana Use in Arizona?

Arizona’s Proposition 207, also known as the Smart and Safe Arizona Act, is a significant statutory provision found in Title 36, Chapter 28.2 of the Arizona Revised Statutes. Passed by voters, it permits adults over 21 to possess, purchase, transport, or process up to one ounce of marijuana or five grams of marijuana concentrate. The Arizona Department of Health Services (ADHS) oversees the regulation of this initiative.

The Arizona Department of Revenue outlines that businesses intending to sell medical or adult-use marijuana products must secure a license from ADHS and a transaction privilege tax (TPT) license. The state also imposes a TPT rate and a 16% excise tax on retail sales of adult-use marijuana.

Prop 207’s passage has also led to legal allowances for personal use and possession of marijuana paraphernalia under certain conditions, as detailed in sections 36-2851 and 36-2853 of the A.R.S. Moreover, the Arizona Judicial Branch provides resources regarding marijuana conviction expungement as part of the initiative.

It’s noteworthy that prior to Prop 207, the Arizona Marijuana Legalization Initiative or Proposition 205, which would have legalized the recreational use of cannabis, was not passed in the 2016 ballot.

For more details on the collection of marijuana taxes, the Arizona Department of Revenue offers updated data and analysis. Additionally, the Smoke-Free Arizona Act, detailed in A.R.S 36-601.01, sets regulations on smoking in public places, which also applies to marijuana.

Concerning the illegal possession, production, sale, or transportation of marijuana, A.R.S 13-3405 specifies the penalties and legal boundaries still in place despite the legalization under Prop 207.