County Attorney’s Office to Dismiss Pending Marijuana Charges Included in Proposition 207
On November 3, 2020, voters in Arizona approved Proposition 207, an initiative that decriminalized personal possession and use of marijuana in an amount less than one ounce and limits personal cultivation of marijuana by a person age twenty-one (21) and older. The effective date of Proposition 207 will be in approximately 30 days. The County Attorney’s Office will begin implementing the will of the voters immediately.
Because of the new expungement provisions in Proposition 207, instead of continuing to expend resources on these cases, the Office will dismiss all pending charges of possession of marijuana and any associated paraphernalia charges for conduct that is covered by Proposition 207. This will include all cases pending in Early Disposition Court, those pending trial, and those set for sentencing or probation violation hearings.
State v. Rodney Christopher Jones - Arizona Supreme Court Opinion
On May 28, 2019, the Arizona Supreme Court ruled in State v. Jones that medical marijuana cardholders in compliance with Arizona’s Medical Marijuana Act (“AMMA”), A.R.S. §36-2801 et seq., can possess cannabis (also known as “hashish”), provided the amount of cannabis and other marijuana products possessed do not exceed an amount obtainable from 2.5 ounces of dried marijuana flowers. A link to the Jones decision is here: http://www.yavapai.us/Portals/29/StatevJones-ArizonaSupremeCourtOpinion.pdf
If you were convicted after 1/1/2011 of Possession of a Narcotic Drug and/or Drug Paraphernalia arising from your personal possession of cannabis in an amount equal to or less than an amount obtainable from 2.5 ounces of dried marijuana flowers, and you possessed a valid Arizona Medical Marijuana Card (or were otherwise in compliance with the AMMA) at the time of possession, you may be eligible to have the Yavapai County Attorney’s Office seek to vacate your conviction and/or withdraw from a plea agreement leading to the conviction. If you had other charges dismissed as part of the plea proceeding, withdrawing from the plea agreement might result in the Yavapai County Attorney’s Office seeking to reinstate and prosecute those charges.
If you were represented by an attorney in connection with the criminal matter, please promptly notify the attorney of this announcement. If you were not represented by an attorney, or you are no longer represented by an attorney, we strongly advise you to promptly retain an attorney who can advise you in this matter. In some cases, you may also be able to petition the court for appointment of an attorney to assist in this matter if you are indigent.
If you are not represented by an attorney and do not wish to be represented by an attorney, you may contact the Yavapai County Attorney’s Office about withdrawing from an eligible plea agreement or having an eligible conviction vacated. Please be advised you have no obligation to contact the Yavapai County Attorney’s Office, and any information you provide to the Yavapai County Attorney’s Office may be used against you. You can contact the Yavapai County Attorney’s Office at: http://www.yavapai.us/coatty/email-county-attorney.