Also known as the Smart and Safe Arizona Act, Proposition 207 was a voter initiative that was approved by voters on the November 3, 2020, Arizona general election ballot. The proposition allows limited use of marijuana and cannabis for adults 21 and over. 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. Eligible petitioners are those who were arrested, charged, convicted or acquitted of any of the following offenses:
- Possessing, consuming, or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate;
- Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use; or
- Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.
The Arizona Supreme Court has adopted petition forms and instructions for people to use for this purpose. These forms should not be filed before the July 12, 2021, effective date. Forms and resources about the proposition and the marijuana conviction expungement process can be found at the Arizona Courts website.