08 Dec Arizona Proposition 207 Facts

Proposition 207, also known as the Smart and Safe Arizona Act (SSAA), passed in the November 2020 election, making Arizona one of 13 states to legalize cannabis for recreational use and possession. Here’s what you need to know about Prop 207 and what it means for Arizona.

Prop 207 / SSAA Facts

1. Adults 21 and older are able to possess 1 ounce of marijuana with no more than 5 grams of it being marijuana concentrates (extracts).

2. Cultivation is limited to six plants at an individual’s primary residence and 12 plants at a residence where two or more individuals who are at least 21 years old reside at one time.

3. A 16% excise tax (the same as cigarettes and alcohol) will be placed on recreational marijuana products. Tax revenue will fund various state agencies and be dispersed between public safety, public health programs, and roads and highways.

4. Marijuana edibles will be limited to a maximum of 10mg of THC per edible and limited to a maximum of 100mg of THC per package of edibles.

5. Packaging must be childproof and labeled. No marijuana products can be sold that imitate brands marketed to children or look like humans, animals, insects, fruits, toys or cartoons.

6. Employers and property owners can continue to prohibit use at their workplaces and on their property, maintaining a drug- and alcohol-free workplace.

7. Marijuana use would remain illegal in public places (restaurants, parks, sidewalks, etc).

8. Driving, flying or boating impaired to even the slightest degree by marijuana will remain illegal (i.e., zero tolerance rule).

9. Marijuana testing facilities will test and inspect marijuana for harmful contaminants (i.e., pesticides, molds, etc.).

10. The Arizona Department of Health Services (AZDHS) will establish recreational marijuana regulations on or before April 5, 2021.

11. On or before April 5, 2021, medical marijuana dispensaries will be able to sell recreational marijuana to adults until the AZDHS issues licenses for recreational dispensaries.

12. “Qualified early applicants” (qualifications are currently undetermined) can apply for a recreational dispensary license (approx. 145 licenses will be available) with AZDHS. Any remaining or additional licenses will be provided by random selection.

13. The AZDHS may issue a marijuana establishment license (recreational marijuana dispensary license) to no more than two recreational dispensaries per county that contains no medical marijuana dispensaries, or one recreational dispensary license per county that contains one medical marijuana dispensary (AZDHS will accept applications from Jan 19, 2021 – Mar 9, 2021).

14. Medical marijuana dispensaries that obtain a recreational marijuana dispensary license(s) could operate both entities in the same/shared location.

15. On or after Jan. 1, 2023, the AZDHS can adopt rules to permit recreational marijuana deliveries.

16. Possessing more than 1 ounce but less than 2.5 ounces will be a petty offense. Minors caught with less than 1 ounce will receive up to a $100 fine and 4 hours of drug counseling for a first offense. A second offense will be up to a $100 fine and 8 hours of drug counseling. A third offense will be a class 1 misdemeanor.

17. Smoking in a public place will be a petty offense.

18. Beginning July 12, 2021, people convicted previously of possessing less than an ounce of marijuana or six or fewer plants or paraphernalia can petition to have the record expunged, so they can have fair access to jobs and housing.

Cannabis law and legislation is one of the top, ongoing challenges in the cannabis industry. Prop 207 and the Smart and Safe Arizona Act are a huge milestone for Arizona and a legislative win for the cannabis industry. But the struggles aren’t over. Learn how your cannabis business can overcome the many issues and challenges it experiences on a regular basis. Visit our resources section to get what you need to maintain compliance, grow your business, and support your employees.