The decision today is a wonderful embodiment of the will and desire of Arizona voters, who voted to undo harms caused by overpolicing marijuana laws.
By Caitlin Sievers, Arizona Mirror
Arizona Court of Appeals ruled on Tuesday that certain convictions for marijuana possession are eligible for expungement, under Proposition 207 which legalized adult-use of the drug.
In a press release, Martin Hutchins said that the campaign Reclaim Your Future would allow people who had been convicted to reduce the generational impact. The criminal justice system affects Black, Brown, and lower socioeconomic-status people at disproportionately high rates.
In an opinion written for the unanimous panel of three judges, Judge Brian Furuya overturned a previous decision from a Maricopa County Superior Court that had denied expungement a man’s 2014 marijuana sale conviction. The appellate court instructed the trial court grant his petition for expungement.
Arizonans approved Prop. When Arizonans approved Prop.
As of July 12, 2020, anyone arrested, charged, or convicted of marijuana possession in Arizona could apply to the court for an expungement of records. The new law allows for expungement of records for those who have been convicted in Arizona for marijuana possession or use. This includes anyone who has been convicted after being arrested, charged or a convicted under the marijuana laws.
The Maricopa County Attorney’s Office, just three days after the option became available, petitioned on behalf of the man to have his conviction expunged.
The trial judge, Margaret LaBianca denied the man’s petition for expungement. She ruled that the law does not allow expungement of marijuana-related offenses. The appeals court on Tuesday overturned that ruling, even after the Arizona Prosecuting Attorneys’ Advisory Council submitted a brief asserting that the expungement statute “unambiguously excludes possessing-marijuana-for-sale offenses.”
The appellate judges concluded, that since transportation of cannabis is now eligible to be expunged, and transportation of pot for personal use in Arizona has not been a criminal offense since 1987, the voters must have intended to include transportation for sale to be eligible to expunged.
Hutchins stated in a statement that “Today’s ruling is a wonderful embodiment of the Arizona voters’ will to undo harms caused by overpolicing marijuana laws.” There are many people that were charged with offenses relating to the sale of marijuana before Prop. Officers charged people with 207, even if they only had a small amount of marijuana. Other factors led them to believe that the person was a dealer. “The cannabis industry and the state are now making millions of dollars on marijuana sales. It’s fortunate for people who have been accused of a crime related to sales that they can now be expunged.”
Reclaim Your Future, a state-funded effort to expunge records in Phoenix and Tucson as well as Flagstaff, provides free legal assistance for those who are interested.
Sorensen, according to court records was arrested for possession in 2014 of two-thirds ounces of marijuana. He was also charged with possession for sale of marijuana, as well as possession of drug paraphernalia.
In a plea deal, the man admitted to solicitation of possession of marijuana for sales, which is also a felony. This was later reduced to a misdemeanor when he finished his probation.
Arizona Mirror was the first to publish this story.
The article Arizona Court Rules that Marijuana Sale Convictions can be Expunged first appeared on Marijuana Moment.
