Area begins to feel impact of voters’ OK of recreational pot
Yuma County attorney’s office to dismiss marijuana cases
Yuma County Attorney Jon Smith announced on Tuesday that a large number of marijuana cases currently before his office will be dismissed soon due to the passage of Prop. 207.
“We are currently in the process of reviewing pending cases to identify those that may be subject for dismissal under the statutory threshold,,” Smith said. “But no decisions on any cases have been made yet.”
However, Smith cautioned that dismissals aren’t expected to begin happening until the after the election results are officially certified on Nov. 30 by the Secretary of the State and the governor issues a proclamation.
Sgt. Lori Franklin said that it will be several weeks before Proposition 207 goes into effect and the Yuma Police Department, and is urging the community to please be patient and follow the Arizona law until it officially changes.
Until then, she added that using marijuana will remain illegal.
Currently, marijuana is only approved for medicinal use with an issued med
ical marijuana card.
Proposition 207, which was nicknamed by some as the “pot prop,” eliminates all criminal penalties for simple marijuana posses
sion and related paraphernalia charges, thus legalizing recreational marijuana use in Arizona.
The proposition’s official
name was the “The Smart and Safe Arizona Act,” and it is expected to generate around $250 million per year for the state.
Once the new law does go into effect, though, anyone 21 and older can legally buy, possess, and consume one ounce of marijuana. But smoking it in public places will still be banned.
It also allows a person to grow up to six marijuana plants in their home.
However, driving and operating a boat while impaired, even to the slightest degree by marijuana will also remain illegal. Employers will also still have the right to maintain a drug- and alcohol-free workplace.
Smith explained that if a case includes other felony charges that are non-marijuana-related, it will remain pending. Only the charges covered under Prop. 207 will be dismissed.
When dismissals do begin, Smith said priority will be given to cases with court dates and those in custody. This will include all cases pending in Early Disposition Court, those currently in diversion or pending trial, and those set for sentencing or probation violation hearings.
In the meantime, Smith said prosecutors and law enforcement will be undergoing training to learn what is and what is not a violation under the new law.
The new law also came with a provision that will allow people with previous marijuana convictions to have their record expunged, but that won’t start until next year.
Smith explained that Arizona does not expunge criminal records (only sets them aside) and time is needed to establish the legal procedures for doing so.