When Arizona voters passed Proposition 207, the Smart and Safe Arizona Act, in November 2020, it marked a major shift in how marijuana possession is treated under state law. Adults gained the right to possess, cultivate, and use cannabis for recreational purposes, and thousands of old convictions became eligible for expungement.
Since then, there have been some important developments in Arizona marijuana law. If you were charged with marijuana possession years ago—or you are worried about what counts as legal possession today—here’s what you need to know in 2025.
What’s Legal Now
Under Proposition 207, adults 21 and older in Arizona may legally:
- Possess up to 1 ounce of marijuana (28 grams), with no more than 5 grams in the form of concentrates.
- Cultivate up to 6 plants at a private residence, with a maximum of 12 plants allowed in households with two or more adults.
- Share marijuana with other adults 21+ so long as there is no sale involved.
Anything above these limits can still trigger criminal charges.
Penalties for Exceeding the Limits
- Between 1 ounce and 2.5 ounces: Petty offense, subject to a civil fine.
- More than 2.5 ounces (or more than 12 plants): Still a criminal offense, often charged as a felony depending on the quantity and circumstances.
- Sales without a license: Remains illegal and prosecuted under Arizona’s drug trafficking statutes.
Expungement of Past Convictions
One of the most significant aspects of Proposition 207 is the chance to clear past records. People with certain marijuana arrests or convictions—such as possession of up to 2.5 ounces, cultivation of up to 6 plants, or possession of paraphernalia—can petition the court for expungement.
This means those convictions can be erased from your record, giving you a fresh start for employment, housing, and background checks.
Recent Updates Since 2020
Several new developments have shaped marijuana law in Arizona since the original legalization vote:
- Home Delivery: Licensed dispensaries may now provide recreational marijuana delivery directly to adults 21+, making access easier.
- Hemp & THC Products: Arizona courts are reviewing how to regulate high-THC hemp products sold outside dispensaries. The rules are evolving, so enforcement may vary.
- Driving Under the Influence: Legalization did not change Arizona’s DUI laws. Police can still charge you if they believe you are impaired to “the slightest degree” by marijuana, even if possession is legal.
- Dismissal of Pending Cases: Prosecutors across Arizona have been dismissing or reducing older marijuana charges that fall under Prop 207’s protections.
What Hasn’t Changed
- Possession limits remain capped at 1 ounce (5 grams concentrate).
- Cultivation rules still limit households to 12 plants maximum.
- Public consumption is prohibited—use is limited to private property.
- Federal law continues to classify marijuana as illegal, meaning possession can still carry consequences in federal court or on federal land in Arizona.
Why This Matters for You
Even with legalization, people are still getting arrested for marijuana possession—usually for exceeding the legal amounts, driving while impaired, or selling without a license. Knowing the rules can keep you safe, but if you are facing charges, it is critical to have an experienced defense attorney on your side.
At Damianakos Law, we stay current on every change in Arizona marijuana law. Whether you want to clear an old conviction through expungement or fight new charges, we can help.
Free Consultation: If you have questions about how Arizona’s marijuana laws apply to your situation, contact us today.
