Legislation Changes

Proposition 207 Marijuana Legalization Initiative and Expungement of Marijuana-Related Criminal Records

The Smart and Safe Arizona Act, known as Prop 207, was approved by Arizona voters in 2020 and became effective 1/1/2021. Prop 207 regulates the possession and consumption of recreational marijuana by persons age 21 and older within Arizona. See A.R.S. §§ 36-2850 – 36-2865.  

A significant part of Prop 207 is an expungement statute, A.R.S. § 36-2862, which allows one who was previously arrested, charged, convicted, or acquitted of specified marijuana-related criminal offenses to petition the Court for an order sealing those criminal records. It also provides that on motion, the Court shall dismiss any pending complaint for a specified marijuana-related offense, including charges based on conduct that occurred before the effective date of the Act. In Surprise City Court, misdemeanor possession of marijuana-related drug paraphernalia, under A.R.S. § 13-3415(A), is an offense that can be eligible for expungement or dismissal.

For information about Prop 207, including forms for and instructions regarding the expungement process, go to https://www.azcourts.gov/prop207. To file a petition to expunge records for an eligible marijuana-related offense filed with Surprise City Court, you must use the "Petition to Expunge Records: Municipal/Justice Court" form available at the link. 

Disclaimer: This information is provided as a public service only. It does NOT take the place of legal advice. If you are not sure whether Prop 207 applies to your situation, or to help guard against any undesired or unexpected consequences, you may wish to consult with an attorney before filing documents with the Court.