Arizona Cannabis Expungements & Felonies

Arizona Cannabis Expungements & Felonies

Discover comprehensive insights into the Arizona cannabis expungement process through these detailed and informative Frequently Asked Questions (FAQ).

How did Arizona handle expungements for cannabis?

Proposition 207 introduced a statute that enables individuals to petition a court to seal their marijuana-related criminal records, provided the offenses were committed before November 30, 2020.

However, expungement does not erase any information about marijuana convictions; fines or costs paid on an expunged case will not be refunded, and some marijuana charges are not eligible to be expunged​​.

All felonies? Only non-violent?

The following offenses are eligible for expungement:

  • Possession, consumption, or transportation of 2.5 ounces or less of marijuana (with no more than 12.5 grams in the form of marijuana concentrate).
  • Possession, transportation, cultivation, or processing of not more than six marijuana plants at the primary residence for personal use
  • Possession, use, or transportation of paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana​​​​.

Aside from a felony within the past five years, those who have been convicted of the following do not qualify for licensure:

  • Conviction of selling alcohol in violation of state law;
  • A misdemeanor involving controlled substances;
  • Misdemeanor relating to the distribution or sale of cannabis within two years prior to applying for a permit.

Were there any crimes related to cannabis that disqualified someone from applying as a social equity applicant?

The eligibility for social equity applicants in the cannabis market does not extend to all felonies.

  • Individuals convicted of nonviolent cannabis felonies may apply for adult-use marijuana dispensary and cultivation establishment licenses through the Social Equity Program​​. However, individuals with excluded felony offenses are not eligible for the program, as outlined in the definition in A.R.S. 36-2801​​.

Status of Current Social Equity Program:

Arizona implemented a limiting social equity program, with only awarding 26 social equity licenses during the program’s initial launch. The criteria to apply are as follows:

  • Have had a household income in at least three of the last five years less than 400% of the federal (HHS) poverty level.
  1. Has had a previous marijuana conviction and has petitioned for expungement or has a previous marijuana-related conviction and does not have an excluded felony offense.
  2. Have a spouse, surviving spouse, parent, child, sibling, or legal guardian with a marijuana-related conviction.
  3. Has lived in a community disproportionately impacted by marijuana laws for at least three of the last five years.

How Can Point Seven Group Help?

The team of cannabis consultants and professionals at Point Seven Group have worked extensively in the U.S. and international cannabis markets and are familiar with the unique challenges of the cannabis industry. Follow us on social media to stay up to date with more cannabis industry updates!

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