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Arizona Proposition 207:

Marijuana Legalization Initiative


Also known as the Smart and Safe Arizona Act, Proposition 207 was a voter initiative that appeared on the November 3, 2020 Arizona general election ballot. Passing with about 60% of the vote, the proposition allowed the legalization, taxation, and recreational use of cannabis for adults 21 and over. This page provides resources about the initiative and marijuana conviction expungement process in Arizona.
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Marijuana Expungement Forms

Proposition 207 includes a new statute (A.R.S. § 36-2862) that authorizes some people to petition a court for an order that will seal their marijuana-related criminal records. Eligible petitioners are those who were arrested, charged, convicted or acquitted of any of the following offenses based on conduct occurring before November 30, 2020:
  • Possessing, consuming, or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate;
  • Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use; or
  • Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.
The Arizona Supreme Court has adopted petition forms and instructions for people to use for this purpose. These forms should not be filed before the July 12, 2021 effective date.
 
Expungement Forms
Form No. Form Title Description
AOCCREM1I-071221 Instructions for Seeking Expungement Before completing the petition form, please review these instructions to learn more about eligibility, requirements, where to file your petition, and more.
AOCCREM2F-071221 Expungement Petition for Municipal/Justice Court Choose this form if you want to seal municipal or justice court case records for an eligible marijuana offense.
AOCCREM3F-071221 Expungement Petition for Superior Court Choose this form if you want to seal superior court case records for an eligible marijuana offense or if you want to seal law enforcement records relating to an arrest that did not result in a criminal complaint being filed in a court.
AOCCREM4F-071221 Expungement Petition for Juvenile Court Choose this form if you want to seal juvenile court case records for an eligible marijuana offense.
   Disclaimer

The information offered on this site is made available as a public service and is not intended to take the place of legal advice. If you do not understand something, have trouble filling out any of the forms or are not sure these forms and instructions apply to your situation, see an attorney for help. Before filing documents with the court, you might consider contacting an attorney to help guard against undesired and unexpected consequences.
Related Materials
 

Supreme Court Administrative Directive 2021-14

Supreme Court Administrative Order 2021-82

Proposition 207 Informational/Sentencing Chart

Marijuana Amounts: Legal/Illegal and Sentencing

Criminal Rule 36

Rules of Court Procedure for Civil Traffic, Marijuana, and Parking and Standing Violations (Draft; Pending action by the Supreme Court in August 2021)

Legislation - Ch.222, HB2171 - 55th Legislature, 1st Regular Session: Marijuana violations; court jurisdiction; procedures

Arizona Court Rules

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