PHOENIX — The Arizona Court of Appeals ruled Tuesday that more marijuana-related convictions are potentially eligible for expungement under the state's new laws.
After voters legalized marijuana in 2020 with their approval of Prop 207, Arizona's law enforcement agencies initiated the process of expunging prior convictions that involved possessing marijuana.
The following crimes were listed as being eligible for Arizona's expungement process:
- Possessing, consuming or transporting 2.5 ounces or less of marijuana, of which not more than 12.5 grams was in the form of marijuana concentrate.
- Possessing, transporting, cultivating or processing not more than six marijuana plants at the individual’s primary residence for personal use.
- Possessing, using or transporting paraphernalia relating to the cultivation, manufacture, processing or consumption of marijuana.
The Maricopa County Attorney's Office petitioned to expunge a citizen's 2014 conviction for solicitation to commit possession of marijuana for sale.
But Maricopa County Superior Court Judge Margaret LaBianca rejected the petition, finding that the state's new law did not allow for sale-related offenses to be expunged.
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The issue for the appellate judges came down to the language on expungement in Prop 207: Did the offenses of "possessing" or "transporting" marijuana include marijuana for sale?
The appellate court concluded that they did. The judges ordered the lower court to grant the expungement petition.
Reclaim Your Future, a state-funded expungement effort that provides free legal help for Arizonans said Tuesday's ruling offers greater clarity on which offenses qualify for expungement.
“Today’s decision is a great embodiment of the will of the Arizona voters who elected to undo the harms caused by the over-policing of marijuana laws,” said Martin Hutchins, program manager of Reclaim Your Future.
The organization said the court's ruling could positively affect the lives of thousands of Arizonans who still have a marijuana-related conviction on their record.
In a brief filed with the Appeals Court, the Arizona Prosecuting Attorneys' Advisory Council supported the lower court ruling:
"There is no provision allowing for the expungement of a conviction based on possessing marijuana. Thus, under the plain language of the statute, expungement is not permissible for such offenses."
Republican Maricopa County Attorney Rachel Mitchell has sought almost 20,000 expungements and turned down 386 requests.
There are no specific numbers on how many expungements to date have been for selling marijuana, but a Mitchell spokeswoman says it's unusual for the office to seek one.
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