What Is Prop 207? What Is Still Illegal in AZ
Charged at the edges of legal marijuana? Under A.R.S. § 36-2853 amounts over 1 ounce, under-21 possession, public smoking, home extraction, and marijuana DUI are all still charged daily — the lawful lines are exact, and cases at the margins are defensible. Call us first.
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What Is Prop 207, and What Did It Actually Legalize?
Prop 207, the Smart and Safe Arizona Act, legalized possession of up to 1 ounce of marijuana (max 5 grams concentrate) and six home-grown plants for adults 21+ under A.R.S. § 36-2852, and created expungement for old marijuana cases. Still illegal: amounts over the limits, all sales, under-21 possession, public smoking, chemical extraction, and marijuana DUI.
Proposition 207 — the Smart and Safe Arizona Act, passed by voters in November 2020 — legalized recreational marijuana for adults 21 and over. Its possession rules live in A.R.S. § 36-2852: an adult may lawfully possess, purchase, consume, or transport one ounce or less of marijuana (of which no more than five grams may be concentrate), and may cultivate up to six plants at their primary residence — twelve where two or more adults live — in an enclosed, locked area out of public view. Lawful conduct under the Act cannot be the basis for detention, search, arrest, or asset forfeiture.
That is the headline everyone knows. What keeps people getting arrested is everything the Act did not legalize — and the tiered penalties it created at the edges.
What Is Still Illegal After Prop 207
- Possessing more than 1 ounce. Between 1 and 2.5 ounces is a petty offense under A.R.S. § 36-2853 — but above 2.5 ounces, you are back in the felony drug statutes: possession over the lawful limits remains criminal under A.R.S. § 13-3405, and possession for sale, sale, and transport were never legalized at all.
- Anyone under 21. A first offense for under-21 possession of an ounce or less is a $100 civil penalty, a second is a petty offense, and a third is a Class 1 misdemeanor.
- Smoking in public. Smoking marijuana in a public place or open space is a petty offense — legalization stops at your front door and private settings.
- Visible or unsecured home grows. Plants visible from public view or outside a locked enclosure: petty offense first, Class 3 misdemeanor after.
- Chemical extraction. The Act expressly excludes manufacturing concentrate by chemical extraction or synthesis — butane extraction and similar home-lab methods remain felony territory under the drug statutes.
- Fake IDs and underage buys. Using false identification to obtain marijuana under 21 escalates from a petty offense to a Class 1 misdemeanor on repeat.
- Driving. Prop 207 changed nothing about DUI — driving while impaired by marijuana remains fully prosecutable, and marijuana DUI cases are filed every day in Maricopa County.
The DUI Trap Deserves Its Own Warning
Buying marijuana legally on Saturday does not make Sunday’s drive legal. Arizona prosecutes marijuana DUI aggressively, and because THC and its metabolites linger in the body long after impairment fades, drivers who feel completely sober can still find themselves in a DUI case built on a blood draw. If a stop turns into drug-recognition testing and a warrant for blood, the case is about the science — see our guide to marijuana and drug DUI defense.
The Other Half of Prop 207: Expungement
The Act also created something Arizona had never had: true expungement, under A.R.S. § 36-2862, for past marijuana arrests, charges, and convictions involving conduct the Act made lawful — possessing 2.5 ounces or less, six or fewer plants, or paraphernalia. Unlike a set-aside, expungement seals the record. If you are still carrying an old marijuana case on your record, it may be erasable — see our marijuana expungement guide.
What Prop 207 Does Not Protect
The Act does not stop employers from drug testing or firing for marijuana use, does not override landlords or federal rules, and does not change federal law — where marijuana remains a Schedule I controlled substance. That federal status still matters in surprising places, most notably firearms: a marijuana user, medical card or not, remains a federal prohibited possessor — see our guide to marijuana cards and gun ownership.
The Experts We Bring to the Table
Post-207 cases are fought at the statutory edges: weights, ages, locations, and impairment science. We bring the specialists for each.
Forensic Chemists
Weight & Concentrate Math
Independently verify the weights and concentrate percentages that decide whether conduct was lawful, a petty offense, or a felony.
Search-and-Seizure Analysts
The Post-207 Stop
Challenge searches built on marijuana odor and possession cues that the Act stripped of much of their legal force.
Statutory-Line Analysts
Lawful-Conduct Mapping
Map the charged conduct against 36-2852’s exact allowances, home-grow rules, transport limits, and manufacturing exclusions.
Toxicologists
Marijuana DUI Science
Attack the impairment inference in THC blood cases, where concentration and impairment famously diverge.
Under-21 Case Specialists
The Escalation Ladder
Keep young clients on the civil-penalty and petty-offense rungs instead of the misdemeanor ones.
Expungement Advocates
Erasing Old Cases
File the 36-2862 petitions that seal old marijuana arrests and convictions the Act made expungeable.
How Tamou Law Group Handles Prop 207 Cases
We defend the edges: weight disputes at the ounce and 2.5-ounce lines, under-21 escalations, home-grow technicalities, and the marijuana DUI cases that legalization actually multiplied. And for clients still carrying pre-207 records, we handle the expungement petitions that erase them.
Related guides: marijuana expungement, is selling marijuana still a felony?, and our Arizona drug crimes guide. Call 623-321-4699, 24/7.
Related Arizona Drug Charge Guides
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Frequently Asked Questions
What is Prop 207 in Arizona?
The Smart and Safe Arizona Act, passed in November 2020, which legalized possession of up to 1 ounce of marijuana (max 5 grams concentrate) and six home-grown plants for adults 21 and over, taxed retail sales, and created expungement for old marijuana cases.
How much marijuana is legal in Arizona?
One ounce or less for adults 21+, of which no more than 5 grams may be concentrate, under A.R.S. 36-2852. Possessing between 1 and 2.5 ounces is a petty offense, and amounts above 2.5 ounces fall back into the criminal drug statutes.
Can I grow marijuana at home in Arizona?
Yes, up to six plants at your primary residence (twelve where two or more adults live), in an enclosed, locked area not visible from public view. Visible or unsecured grows are a petty offense first and a Class 3 misdemeanor on repeat.
Is it illegal to smoke marijuana in public in Arizona?
Yes. Smoking marijuana in a public place or open space is a petty offense under A.R.S. 36-2853(C). Legal consumption is limited to private settings, and hotel rooms, cars, and patios visible to the public generate real citations.
What happens if someone under 21 is caught with marijuana?
For an ounce or less: a $100 civil penalty on the first violation, a petty offense on the second, and a Class 1 misdemeanor on the third. Using a fake ID to buy marijuana escalates the same way, and larger amounts move into the ordinary drug statutes.
Is making concentrate or dabs at home legal now?
No. Prop 207 expressly excludes manufacturing by chemical extraction or chemical synthesis, butane and similar solvent extractions remain felony conduct under the drug statutes, even from lawfully possessed marijuana.
Can I still get a DUI for marijuana in Arizona?
Absolutely. Prop 207 changed nothing about DUI law, driving while impaired by marijuana remains illegal, and because THC metabolites linger, blood-draw cases are filed against drivers who felt sober. Marijuana DUI defense is its own science-heavy specialty.
Can old marijuana convictions be expunged under Prop 207?
Yes, A.R.S. 36-2862 created true expungement for past arrests, charges, and convictions involving conduct the Act legalized: 2.5 ounces or less, six or fewer plants, or paraphernalia. Expungement seals the record, going further than a set-aside.
Can my employer still fire me for marijuana use in Arizona?
Yes. Prop 207 does not restrict employer drug-testing or discipline policies, and it does not override federal law, marijuana remains federally illegal, which also keeps marijuana users prohibited from possessing firearms under federal law.
Is selling marijuana without a license still a felony?
Yes. Prop 207 legalized licensed retail sales only, unlicensed sale, possession for sale, and transport for sale remain felonies under A.R.S. 13-3405, and quantity plus packaging still drives for-sale charging decisions.
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We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
