(Center Square) – The Arizona Court of Appeals made an important decision. Ruling It said earlier this week that criminal records and arrests related to marijuana sales would be subject to expungement.
“Today’s decision perfectly illustrates the will of Arizona voters who have chosen to undo the damage caused by the over-enforcement of marijuana law,” said the state-funded eradication campaign, “Reclaim Yours.” Future campaign lead attorney and program manager Martin Hutchins said. – said in a May 30 statement.
The decision comes just three years after voters approved Proposition 207 in 2020, which would allow adults over the age of 21 to possess up to an ounce of cannabis for personal use.
“Before Proposition 207 was passed, many people were charged with selling marijuana, even if they were in possession of minimal amounts. We assumed that,” Hutchins said.
The measure also established a system of licenses and regulations for marijuana retailers, growing facilities, product manufacturers and testing laboratories.
Subject to removal under Proposition 207, effective in 2021, are individuals convicted of possessing, consuming, or transporting 2.5 ounces or less of marijuana, and individuals convicted of cultivating 6 or fewer cannabis. is an individual. For personal use and possession, use, or transportation of marijuana-related paraphernalia.
But it was unclear whether the suspect would be subject to expungement until an appeals court ruled on May 30 to expunge the sale of marijuana from the suspect’s records. The ruling also includes individuals convicted of cannabis possession with “intent to distribute.”
Who will this ruling affect?
In October 2014, Ethan Thomas Sorensen was arrested for possession of approximately 18 grams of marijuana and charged with possession of marijuana for sale and possession of drug paraphernalia. He later pleaded guilty to a reduced charge of soliciting possession of marijuana for sale.
Six years after Sorensen’s arrest, after Prop. 20 passed, the state sought to expunge Sorensen’s arrest and conviction records. But the court initially denied the petition, citing a clause it believed would prohibit the removal of marijuana sales-related offenses.
In State v. Sorensen, Chief Judge Brian Furuya of the Court of Appeals concluded that Arizona’s revised law made “sale-related marijuana offenses” subject to expungement, lowering the lower court to a petition filed by Maricopa County to expel. overturned the rejection of He joined a law firm in 2014.
In a court opinion this week, Furuya wrote that Arizona’s revised law “allows for the removal of sales-related cannabis offenses if the statutory eligibility requirements are met.”
“As a result, the court made the mistake of denying the country’s removal application,” Furuya wrote.
