Marijuana Legalization and Expungement for Marijuana Criminal Offenses: Prop 207 and A.R.S. 36-2862

Cannabis or Marijuana plant in front of American Flag

Marijuana Legalization and Expungement for Marijuana Criminal Offenses


Proposition 207 passed in Arizona in 2020. Known as the “Smart and Safe Arizona Act,” it allows for the legalization, taxation, and recreational use of cannabis products for individuals aged 21 and older. It also allows individuals to petition (per A.R.S. 36-2862) for the expungement of certain marijuana-based criminal offenses that occurred prior to November 30th, 2020. The following scenarios are now legal and are able to be expunged if they occurred prior to the above date:

  • It is legal to possess, consume, or transport two and one-half ounces or less of marijuana, of which not are than twelve and one-half grams is in the form of marijuana concentrate.
  • It is legal to possess, transport, cultivate, or process not more than six marijuana plants at your primary residence for personal use.
  • It is legal to possess, use, or transport paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.

The entire statute regarding the expungement of marijuana-related crimes can be read here.


Completing the Expungement Process

If you have a criminal marijuana offense that meets the expungement eligibility requirements, you can walk yourself through the process and find the necessary forms through the Arizona Judicial Branch.


If you’d prefer to hire an attorney to make sure the expungement process goes smoothly and efficiently, call us at Rideout Law Group. We have offices in Scottsdale and Lake Havasu City and can handle the paperwork and filing for you to ensure your criminal offense is expunged from your record.



With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.

Our goal is for the best outcome for your criminal case, which can include:

  • charges that are reduced or dropped.
  • top experts reviewing your case.
  • aggressive negotiations with the prosecution for plea bargains.
  • fines or probation in lieu of jail time.

At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.

Call us today for a free consultation at 480-584-3328.


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